After years of judicial facilities failing children in need of protection, Lesotho is charting a new course with the unveiling of five revitalised children’s courts in five districts.
The long-awaited move promises to usher in an era of justice that prioritises the needs and rights of vulnerable children, finally rectifying the historic injustice of inadequate court facilities.
The five renovated children’s courts namely: Maseru, Tšifa-Li-Mali, Berea, Mohale’s Hoek and Thaba Tseka have been equipped with child-focused facilities to improve the court experience for survivors and their families.
These features include dedicated waiting areas, play therapy tools and video conferencing systems, aimed at ensuring privacy and accessibility for children who need to provide testimony or evidence before the court, as well as internet access, among others.
Through the launch of these courts, the judiciary together with European Union (EU), World Vision Lesotho and the United Nations Children’s Fund (UNICEF) under the Citizens Voice Addressing Violence Against Children (CVAVAC) Project, will achieve will achieve the goal of creating child friendly environments within the justice system.
The organisations’ shared vision for a safer and more supportive environment for children navigating the justice system has transformed the landscape of the country’s legal proceedings.
The project aims to address violence against children by strengthening protective environments, enhancing access to justice, and advocating for legislative reforms.
Through strategic partnership and community engagement, the project also seeks to empower children and their families while ensuring that the justice system is equipped to meet the unique needs of young individuals.
By focusing on infrastructure development and capacity building, CVAVAC embodies a comprehensive approach to child protection.
In a testament to the effectiveness of the new facilities, Chief Magistrate Manyathela Kolobe shared her positive experience with the video conferencing system at the Mohale’s Hoek Children’s Court, noting that the system is working perfectly well.
The implementation of video conferencing systems, she said, addresses the problematic situation where children were required to confront their alleged abusers face to face, which often jeopardised the collection of essential evidence.
Chief Magistrate Kolobe noted that this change in court procedures ensures that children can safely give testimony, protecting their mental health and strengthening their cases.
She also highlighted the relief that the renovated courts offer to magistrates, stating; “I and other magistrates no longer have to serve as interpreters and judicial officers in sexual offenses cases.
“With this new development, lawyers and children can conduct cross-examinations without the court’s intervention.”
Chief Magistrate Kolobe further indicated that the updated process not only reduces the burden of magistrates but also empowers children to take a more active role in their own cases, potentially leading to more just outcomes.
“The changes we are witnessing today are the results of years of collaboration and a shared vision between various stakeholders, including international partners,” she pointed out.
The shift in court procedures align with the Children’s Protection and Welfare Act of 2011, which mandates that all subordinate courts have jurisdiction to handle cases involving children.
The Act also stresses the importance of ensuring a court environment that is both dignified and protective for children. Section 133 (3) stipulates that, whenever possible, courtrooms should be designed to support children’s needs and facilitate their active participation in proceedings.
UNICEF Lesotho Country Representative, Dr Bob Muchabaiwa emphasized the significance of the courts, stating that they are symbols of hope, fairness and opportunity for the children of Lesotho.
Dr Muchabaiwa also highlighted the ways in which these facilities directly address the previously identified gaps in the country’s legal system.
By transforming the justice spaces into child-friendly environments, equipped with dedicated waiting areas and modern technologies, he said, children now have access to legal proceedings that offer comfort, safety, and support, helping to mitigate the stress and trauma of their experiences.
“The importance of these courts cannot be overstated; they are symbols of hope, fairness and opportunity. The courts are not just a physical space but a symbol of hope fairness, opportunity and a recognition of children’s rights, voices and dreams,” Dr Muchabaiwa noted.
He said the courts transform justice spaces into child-friendly environments that provide comfort, safety, and support for young individuals.
The initiative is an inspiration of hope for Lesotho’s children, by prioritising their rights and creating environments where they feel safe and heard, the nation is laying the foundation for a brighter future, he pointed out.
Dr Muchabaiwa added that the courts will have a positive impact by holding those who violate children’s rights accountable.
Chief Justice Sakoane Sakoane, who presides over the country’s legal system, affirmed the underlying purpose of the children’s courts, saying that they serve and protect children.
He also underscored the importance of the courts in bolstering Lesotho’s overall justice system, emphasising that the newly modernised facilities should be utilised to their fullest potential to ensure a more effective equitable legal process for children.
The courts, with their thoughtful design and updated practices he said, present a significant step towards meeting the legal requirements and fulfilling the judiciary’s commitment to child protection.
“By employing these new technologies and processes, the judiciary is ensuring that children’s cases are handled with the sensitivity and support mandated by the law, creating a more just and effective system for children,” Chief Justice Sakoane stated.
World Vision Lesotho National Director, James Chifwelu reinforced the transformative impact of the renovations asserting that the courts would offer a safe and welcoming environment for children, navigating the legal system.
He indicated that the child-friendly courtrooms can help mitigate the trauma and fear children often experience when engaging with the justice system.
“The improved environment in these courts will make all the difference, children who come to court will no longer feel like they are in an intimidating and alien place. Instead, they will find a child-friendly environment, where they can speak freely and safely. This is crucial in ensuring that children’s rights and dignity are upheld, and that justice is truly served,” Chifwelu explained.
Lesotho’s children’s courts previously faced challenges that limited their effectiveness in supporting vulnerable young individuals. Limited resources led to courtrooms that, while functional, were not specifically designed with children in mind. Moreover, the environments were intimidating and overwhelming, hindering children’s ability to engage with the justice process and compounding their emotional distress. Recognising this, the government and its partners aspired to create courts that prioritise children’s needs, ensuring justice that is sensitive and accessible.
