RETIRED judge Justice Kelello Justina Mafoso-Guni who died two weeks ago at the age of 79 has been described as a trailblazer and principled judge who served her country well. She had been ill for a long time. Justice Guni will be laid to rest at Kokobela cemetery tomorrow. Her state funeral will be held at the Maseru Club.
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Justice Guni was Lesotho’s first female judge and the first female magistrate in Zimbabwe.
Advocate Borenahabokhethe Sekonyela, who knew the late judge for over 40 years, remembers her as a no-nonsense judge “who loved to see justice prevail”.
“She would not tolerate people who do not abide by the law,” Advocate Sekonyela said.
He said Justice Guni was able to solve legal issues with fairness and “she would not allow herself to be fooled by anyone”.
“She was trustworthy,” he said.
“She would hear cases and take decisions timeously.”
Advocate Christopher Lephuthing said he knew Justice Guni as a woman who was always prepared and organised as a judge.
“She would deliver judgements with fairness after listening to all sides and addressing legal issues,” Advocate Lephuthing said.
“The judiciary has lost a great legend,” he said.
Speaking at her memorial service last week, Chief Justice Sakoane Sakoane said the performance of Justice Guni on the bench “is a matter of record”.
He conveyed condolences to the bereaved family, colleagues and friends.
The former Director of Public Prosecutions, Advocate Leaba Thetsane KC, said Justice Guni’s demise sent shockwaves to the legal fraternity and the entire bench.
Advocate Thetsane said Justice Guni was “a devoted Catholic and a brilliant person endowed with knowledge”.
He said she worked cordially with others while she was a lawyer and while on the bench.
Justice Guni was born and raised in Hlotse, Leribe. She then studied law at the National University of Lesotho which was then called the University of Bechuanaland, Basutoland and Swaziland, completed it in Edinburg between 1965 and 1970 where she came back armed with an LLB degree.
She became the first woman lawyer in Lesotho in 1970.
She worked in the United Kingdom’s civil service for 12 years.
On her return to Africa in 1980 she worked in Zimbabwe as a magistrate for further 12 years, and was the first woman in the country in the magistracy.
She served as Senior Magistrate but quickly moved on to become Provincial Magistrate of Mashonaland whilst also presiding over the juvenile court.
She came back to Lesotho in 1992 where she became a Legal Adviser at the Lesotho Agricultural Development Bank until 1994.
From 1995 she was elevated to the bench as the first female judge and served until 2013 when she retired.
Justice Guni also served as a judge at the African Court of Human and Peoples’ Rights in Arusha, Tanzania, from 2006 to 2010.
Writing about her four-year term at the African Court of Human and Peoples’ Rights, Josephine Dawuni of Howard University said Justice Guni “exemplifies another remarkable achievement of a judge working her way up through the ranks”.
The article was titled African Women Judges on International Courts: Symbolic or Substantive Gains?
Dawuni said Justice Guni was one of the international women judges who started their judicial careers from the lowest level of the court rank as magistrates and worked their “way to earn a seat at a supranational court”.
“In all, these women bring with them diverse professional backgrounds, including judgeships, academia, diplomatic representation, and service on various boards and professional organisations,” Dawuni said.
Justice Guni handled many cases, including some relating to gender discrimination.
An example of one of these cases was Mahasele v Kali (2011), in which she ruled against a soldier who was refusing to take a paternity test.
She reasoned that the child deserved to know who their father was.
After her retirement in December 2013, the then Acting Chief Justice Tšeliso Monaphathi, commenting on her retirement and three other senior judges, including Chief Justice Mahapela Lehohla, said they were what the judiciary should be.
“They were the epitome of what a Judicial Officer ought to be, both in performance, integrity, industry, ethics, scholarly output and immeasurable contribution to our jurisprudence,” Justice Monaphathi said.
“We can only but pass our joint vote of thanks for having worked and been associated with such outstanding legal minds,” he said.
Justice Monaphathi said he hoped “the present and future lawyers take a leaf out these remarkable achievers”.
Justice Guni is survived by two daughters Mazvivamba and Haru and grandson Tumisa.
Staff Reporter
