The Lesotho Judiciary

Donor Activities

Strengthening the Lesotho Judiciary in Court Management Capacity Building and Information System (2004) This Technical Assistance Project, financed by the United States Agency for International Development (USAID), aimed at strengthening the judicial court management and information system of Lesotho through capacity building and technical assistance. The project activities began in January 2004 with an inception mission and a one-day discussion and dialogue. In August 2004 a training of trainers took place in Maseru, Lesotho, along with three one week seminars on: capacity building with regard to court administration and case flow management; legal drafting, the improvement of substantive legal capacity of the subsidiary court judges, and legal research using the Internet.

Donor Funds

The judiciary receives donor funds from time to time and it is about to benefit from the United States Millennium Challenge Account which will fund the following projects:

Donor Activities

Civil Legal Reform Activity

MCC funding will support the following;

The development of the Commercial Court, including the drafting and promulgation of procedures, capacity building, and eventually reconstruction of a currently unused court building to house the Commercial Court. The court’s focus will be on larger commercial disputes.
The creation of modern case management procedures. All the courts of Lesotho suffer from lack of modern case management procedures and technology. Modern case management will be introduced to the High Court, New Commercial Court and the Magistrate Court of Maseru.
Promotion of alternative dispute resolution. The focus of this sub-activity will be a program of court annexed mediation for commercial disputes. Increased use of private ADR will also be promoted
The development of a simplified and expedited small claims process. Smaller commercial claims may have limited recourse to the judicial system. Introduction of a small claims process seeks to provide inexpensive and rapid resolution of the smallest commercial disputes.

Any potential gender based constraints to participation in the Project will be explored during the development of the Program-Wide Gender Integration Plan. This Plan will include an appropriate recommendations groups, project specific gender analysis and strategies for incorporating findings of the gender analyses into final Project designs.

CIF                                          $    70,000.00 Pre- compact implementation
Year 1                                     $ 600,000.00
Year 2                                     $ 775,000.00
Year 3                                     $ 925,000.00
Year 4                                     $ 315,000.00
Year 5                                     $ 185,000.00

Total $2,870,000.00

CIF funding is used to appoint a consultant that and detail terms of reference are as follows;

MILLENNIUM Challenge Account: The Government of the kingdom of lesotho, Acting through its Ministry of Finance and Development Planning, With Respect to a Compact Funded by the united states of america

I. BACKGROUND:

The Government of Lesotho (GoL) has submitted a proposal for consideration for a Compact (grant) for about US$360 million from the Government of the United States of America through the Millennium Challenge Corporation (MCC), a U.S. government corporation. Subject to the making of such Compact by MCC, the terms and conditions of related agreements, and the availability of funds, the GoL will apply a portion of the Compact funds to eligible payments under the proposed contract related to hire an individual consultant to develop a Strategy and Workplan for Civil Legal Reform Activity.

The proposed Compact Program is focused on improving health outcomes and productivity through strengthening the health system, removing barriers to foreign and local private sector investment, and providing water supplies for industrial and domestic use (collectively, “the Program”).

In this procurement proceeding, the GoL is represented by the Ministry of Finance and Development Planning (Ministry), acting through the Millennium Challenge Account – Lesotho (MCA-Lesotho), an entity to be established under the laws of Lesotho. Prior to the establishment of MCA Lesotho, any references to actions to be taken or rights received by MCA-Lesotho, shall be taken or received by the MCA-Lesotho Coordination Unit, on behalf of the GoL and any references herein to MCA-Lesotho shall be deemed to mean the MCA-Lesotho Coordination Unit during this period. Following the establishment of MCA-Lesotho, MCA-Lesotho shall replace the MCA-Lesotho Coordination Unit as party to the Procurement Agent Agreement.

When available, the entire MCC-Lesotho Compact may be viewed at http://www.finance.gov.ls.