Through the dismissal of an application for recusal which was instituted by respondents in a case involving two applications challenging early termination of employment contracts for the Principal Secretaries (PSs) by the Government of
Lesotho,Justice Maliepollo Makhetha has refused to withdraw from hearing the case. 

In her ruling delivered on Wednesday, the judge stated that section 12 (8) of theConstitution of Lesotho guarantees a fair hearing by an independent, impartial and competent court to all persons. She said judges take an oath or affirmation when they swear to uphold and defend the constitution and fearlessly administer justice to all without favour or prejudice. She indicated that the right to be tried by an impartial court may however be imperilled by words or actions of a judicial officer which creates reasonable apprehension or perception of bias. 

The application for recusal was moved on the basis of perceived bias on the part of the court following certain remarks it made in its ruling on jurisdiction. The applicants said the court has already prejudged or predetermined certain issues which are yet to be determined by the court in the main application. They argued that they will not receive a fair hearing. The application came after the judge gave a ruling acknowledging that the High Court has jurisdiction to entertain the matter. She was then accused by the respondents through Adv. Mateboho Tohlang-Phafane of having formed a prima facie view of the interim reliefs sought in the matter.