CLOSING
REMARKS AT CLOSING OF TRIAL ADVOCACY WORKSHOP – 11 OCTOBER 2003
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Good things take time to
happen, especially in Lesotho. Almost exactly one year ago in the early
days of November 2002, the Governor of the Central Bank wrote to the
Privatisation Unit about the budget of this Workshop. He concluded his
letter by saying that he hoped that the Workshop would facilitate “the
start of the Commercial Court Operations”. We trust that the Governor’s
hopes have not dimmed despite the passage of the time. 2. All of us who are engaged in the economic restructuring programme of the Government of Lesotho - which includes Privatisation - noted very early that there was a desperate need to improve the legal processes for settling Commercial disputes. Indeed we noted that the lengthy delays in resolving Commercial disputes were not only inhibiting the operations of the small private sector already in existence, but were also discouraging new Private Sector initiatives and investments. 3. The Commercial banks in Lesotho also gave as the primary excuse for their reluctance to extend credit to the Lesotho private sector that the settlement of commercial disputes was inefficient and time-consuming. Some observers have claimed that the inefficiency of our legal system has contributed significantly to the culture of non-payment which has bedevilled the Lesotho economy in the recent past. 4. The Central Bank of Lesotho, the Commercial Banks, the Ministry of Finance, the Ministry of Trade, and the Privatisation Unit are among the many local stakeholders who have a vested interest in the efficient operations of the Commercial Court. The entire economy should stand to benefit if this new national institution begins to operate efficiently. 5. I think I can safely take the risk of saying that all the interested Stakeholders will appreciate the fact that this Workshop has finally taken place. Naturally we are all looking beyond the Workshop to appreciable results on the ground. The Kingdom of Lesotho is noted for the many workshops that it holds, which are sometimes, unfortunately, not matched by results. Nonetheless let us say with confidence this time that we are hopeful that the efforts of organising the Workshop, the professionalism of the presenters, and the enthusiasm of the participants will yield the desired results. 6. As we move forward to the restructuring of complex enterprises such as the Lesotho Electricity Corporation involving many different legal obligations and potential liabilities, it will be necessary to reassure contracting parties that we have the necessary institutions, adequate systems, and essential procedures to deal with any dispute that might arise. Private Sector participation in the economy demands that there should be transparent and accountable mechanisms for regulating their operations. In the past when the Government was the only bull in the field things may have been easier: a liberal economy requires matching legal structures. 7. I began my brief remarks by saying that Good things take time to happen in Lesotho. Let us hope that the moment for action has finally come, and that this Workshop will therefore stand as a significant landmark in the transformation of the economy of Lesotho. Let us not forget that the ultimate objective of the transformation is to fight poverty, and thereby to improve the quality of life of all Basotho: the legal fraternity has an indisputable role in this national objective. PRIVATISATION UNIT MASERU |
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Designers