Abstract:
In order to achieve the highest level of protection of people’s right to speedy criminal
trials, the existence of a well-functioning compliance mechanism is a necessity. Based
on this, the paper sought to interrogate the importance of an M&EF within the Maseru
Magistrate Court as a compliance mechanism and a means towards the reduction of
the high pendency of criminal cases, particularly murder cases within the court. To
achieve its aims and objectives, the paper made use of a mixed method research
approach where qualitative and quantitative research methods were used to achieve a
clear description of the problem and provide an even meaningful interpretation and
analysis of the data collected. The Criminal Registry book kept at the Maseru
Magistrate Court Criminal section was used for the collection of the quantitative data
while a questionnaire distributed to stakeholders in the criminal justice system was
used to the collection of the quantitative data.
During the study, the paper discovered that there is indeed a problem of the high
pendency of murder cases within the Maseru Magistrate Court and this is a conclusion
that was based on the realization that 100% of the sample cases were still pending
within the court. although the paper acknowledged that there may be a number of
factors contributing to the high pendency, it attributed the problem largely to the lack
of compliance within the criminal justice system to the provisions of the SCTA. It
argued that the use of M&EF for the SCTA within the Maseru Magistrate Court can
improve compliance to the strict timeframes prescribed by the law and subsequentlyhelp with the reduction of the high pendency of criminal cases.
Based on the interpretation and analysis of the data collected, the review of the papers
by other scholars on this phenomena of high pendency of criminal cases despite the
existence of the law making provision for speedy criminal trials as well as the
consideration of the decisions by the High Court of Lesotho on issues relating to
violation of speedy trial rights, the paper came to a conclusion that there is indeed a
problem of the high pendency of murder cases within the Maseru Magistrate Court
and that the high pendency is a direct result of the lack of the existence of a
compliance mechanism for the SCTA. It therefore recommended the creation of an
M&EF which is made up of a combination of the following approaches RBM&E,
PBM&E and TBM&E as a compliance mechanism for the SCTA. The paper alsorecommended the creation of specialized courts which will deal solely with the
murder cases and within which the M&EF will be implemented
