An evaluation of the role of prosecutors in Lesotho's Children's Protection and Welfare Act No. 7 of 2011.

Abstract

The prosecutor has a role that he/she should play in the administration of juvenile justice. International and regional instruments have set a framework for the establishment of the juvenile justice systems within the States Parties. Lesotho, like other members to the United Nations has a juvenile justice that has been recently reformed and reflected in the Children‟s Protection and Welfare Act. The study seeks to examine the role of the prosecutors in Lesotho‟s juvenile justice system as established by the CPWA. The requirements of international laws and standards on the role of prosecutors and historical evolution of the role of prosecutors in Lesotho will be discussed to identify the extent to which Lesotho has conformed to its objectives in the CPWA and internationally. The study argues that the limited role of prosecutors will cause the system of juvenile justice to be ineffective unless some amendments are made and policies are put in place to guide the role of prosecutors in performing their duties. The comparative study of the United States of America, the United Kingdom and the Republic of South Africa revealed that measures can be put in place to regulate the role of prosecutors in the juvenile justice system. The lessons that Lesotho can adopt have been identified and recommendations have been made.