Ensuring accountability and integrity of the police service through an effective oversight mechanism in Lesotho

Abstract

The Lesotho Mounted Police Service is characterised by unremitting brutality where the majority of people die in custody and get seriously injured without the perpetrators being brought to book either criminally or disciplinarily. It is the purpose of this research to enquire into the effectiveness of the Police Oversight Authority to curb the prevalence of human rights violations within the LMPS and hold them legally accountable for their misconduct. The research analyses the features of the efficient Independent Police Oversight mechanisms in other jurisdictions and finds out how the issues pertaining to police misconduct are effectively handled. It also explores the obligation imposed on the police management to report serious police conduct such as deaths in police custody to the oversight body. Furthermore, it shows how police management is mandated to implement the oversight recommendations on instituting disciplinary measures against concerned police officers as well as assisting the oversight bodies with the information that may be required for investigating police serious misconduct. It has been established that the Police Oversight Authority is not effective enough to hold police officers accountable for misdeeds and also to ensure that they perform their duties professionally. PCA is not accessible to the public, has no follow-up mechanisms in place to ensure that its recommendations have been implemented or complied with, does not publicise its report and as such its defective performance cannot be scrutinised by anybody. In a nutshell, the study answers the questions as to why there is a continuous violation of fundamental human rights and reigning culture of impunity within the LMPS as well as what can be done to remit such recurrenc