- Fewer than half (48%) of Basotho say they feel “somewhat confident” or “very confident” that ordinary people can obtain justice in the courts.
- If they had a case that needed to go to court, a majority (56%) of citizens say they think it would be resolved fairly, but only about one-third say they could afford to take the case to court (33%) and obtain the necessary legal support (30%).
- Fewer than one-quarter (23%) say they are aware of legal-aid services that are available in their community.
- Two-thirds (66%) of citizens say they would turn to a traditional leader or traditional court to try to resolve a legal problem, while 19% would go to the police. Only 2% say they would go to a formal local court.
- Only about half (49%) of survey respondents say they trust the courts “somewhat” or “a lot,” down 17 percentage points since 2014.
- Nearly three in 10 citizens (28%) say that “most” or “all” judges and magistrates are corrupt, up 12 percentage points since 2014.
- About two-thirds of Basotho say that people are “often” or “always” treated unequally under the law (65%) and that officials who break the law frequently go unpunished (67%).
- A majority (58%) say that judges and magistrates “often” or “always” decide cases based on the influence of powerful people, rather than based on the law
- About six in 10 Basotho (58%) say the death penalty is a fair punishment for the most serious crimes, while 40% say it is never justified.
Access to justice for all is a cornerstone of democracy and good governance, empowering citizens to exercise their rights and hold the powerful accountable (United Nations, 2023; Logan, 2017). The government of Lesotho has stated its commitment to promoting access to justice and the rule of law as highlighted in the United Nations’ (2015) Sustainable Development Goal 16 (United Nations, 2015). Through the Ministry of Justice, Lesotho “aspires to provide an effective, transparent, efficient and equitable justice system,” an aspiration reflected in its national strategic development plan (Government of Lesotho, 2023, 2025).
However, the country’s justice system has been plagued by alleged human-rights abuses (including instances of police torture), a backlog of cases, long trial delays, and weak judicial independence (Ramafole, Makhera, & Edorama, 2019; Rickard, 2018, 2019; Freedom House, 2012.
In an attempt to address these challenges, Lesotho included the justice sector in a multi sectoral reform process, leading to recommendations to strengthen the rule of law and human rights; accountability mechanisms to monitor excesses, corruption, maladministration, and poor service delivery by justice institutions; and the independence of the judicial process and the judiciary (Ramafole, Makhera, & Edorama, 2019).
The National Reforms Authority included these recommendations in the Eleventh Amendment to the Constitution Bill (2022), but Parliament failed to pass the bill, and the reforms process has stalled (Freedom House, 2024).
On justice for marginalised groups, a recent International Commission of Jurists (2025) report highlights that despite some progress, much still needs to be done to ensure access to justice for people living with disabilities.
This dispatch reports on results from a special survey module on access to justice included in Afrobarometer’s Round 10 surveys.
Findings show that only about half of Basotho are confident that ordinary people can obtain justice in the courts, and only a third believe they could afford to take a case to court. A majority would instead try to resolve a legal problem through a traditional chief or traditional court. Public trust in the courts has decreased over the past decade, while perceptions of corruption among judges and magistrates have increased.
Majorities say that people are treated unequally under the law and that judges often make decisions based on the wishes of powerful people rather than on the law.
