Law firm launches Constitutional Law handbook

…A spart of efforts to tackle AI citation blunders

Moorosi Tsiane

THE growing use of artificial intelligence by some lawyers in court proceedings has sparked concern within Lesotho’s legal fraternity, prompting a local law firm to take steps aimed at strengthening indigenous legal research and reducing dependence on AI-generated authorities.

Rasekoai, Rampai and Lebakeng Attorneys have presented the first volume of Lesotho’s Constitutional Law Reports to the Judiciary, a publication expected to provide lawyers, judges and legal scholars with a comprehensive source of local constitutional jurisprudence.

The launch comes amid rising concerns over lawyers increasingly relying on artificial intelligence tools when preparing court documents and citing legal authorities — a practice that has recently led to embarrassing errors in a Court of Appeal judgment.

Speaking at the launch, Advocate (Adv) Moeketsi Rampai said the publication represents the culmination of a long-term project undertaken by the law firm in collaboration with Attorneys Monaheng Rasekoai and Piti Lebakeng.

According to Adv Rampai, the first volume contains selected constitutional judgments from both the High Court and the Court of Appeal delivered between 2022 and 2025.

He said the project had taken years to complete, largely due to financial challenges that delayed its publication.

“It is a long-term project that we have been working on, and we are delighted that it has finally been completed. We presented it to the Chief Justice (Sakoane Sakoane) last week so that he can see what we have been working on before we start putting this volume on the shelves,” said Adv Rampai.

He explained that the publication was designed to strengthen the country’s legal resources and provide practitioners with reliable local authorities.

“It is a compilation of constitutional court and Court of Appeal judgments from 2022 to 2025. It is a selective approach based mainly on cases that speak to our jurisprudence.”

Adv Rampai said one of the motivations behind the project was the shortage of accessible local legal material, which has increasingly driven some practitioners to rely on artificial intelligence when conducting legal research and drafting court papers.

He said the availability of comprehensive local law reports would help legal practitioners access relevant authorities rooted in Lesotho’s own jurisprudence.

“We are doing this to help the judiciary to have material and tools, and this will curb this latest trend of lawyers having to rely on artificial intelligence due to lack of enough material when drafting their papers and citing authorities.”

The firm is already working on a second volume, which will focus on constitutional judgments delivered before 2022.

“The next volume is already in the pipeline and we have submitted its manuscript and are working on editing it. It will soon be released,” he said.

Adv Rampai revealed that the firm’s ambitions extend beyond constitutional law.

He said discussions were underway to expand the project into other specialised areas of law, particularly land matters, where practitioners also face challenges in accessing comprehensive local legal authorities.

“There is a lack of material also in the land courts, so we are hoping to do the same with land case judgments from the High Court to the Court of Appeal. We are also hoping to work together with Advocate Maope as the one who edits Court of Appeal judgments. Ours now is to research, edit and publish these judgments,” he said.

The law reports were warmly received by Chief Justice Sakoane Sakoane, who described the publication as a major contribution to the country’s legal system.

Justice Sakoane said the reports represented a significant milestone in preserving Lesotho’s judicial heritage while also improving access to justice through the development and promotion of local jurisprudence.

He commended the initiative for ensuring that important judicial decisions are preserved and made accessible to future generations.

According to the Chief Justice, law reporting plays a crucial role in documenting the intellectual and judicial work of the courts and in strengthening the administration of justice.

“Law reports play a vital role in strengthening the rule of law by providing reliable precedents that guide judicial decision-making and legal practice,” said Justice Sakoane.

“The court judgments should be grounded in sound legal principles, tested jurisprudence, and established precedent to ensure consistency and certainty in the administration of justice.”

Justice Sakoane stressed that a strong legal system depends on readily available and reliable precedents that legal practitioners and judges can consult when dealing with similar legal questions.

He said the publication of local law reports would contribute significantly to the growth and development of Lesotho’s legal system by ensuring that judicial reasoning and legal principles developed by local courts are properly recorded and accessible.

The Chief Justice also encouraged lawyers, judicial officers, academics and law students to make regular use of local law reports rather than relying excessively on foreign authorities.

He emphasised the importance of building a legal culture that recognises and prioritises Lesotho’s own jurisprudence.

“Local judicial decisions should remain the primary source of authority within the country’s legal system,” he said.

The launch comes against the backdrop of a recent controversy involving the use of artificial intelligence in legal drafting.

Only a month ago, the Court of Appeal was forced to correct a judgment delivered in November 2024 after numerous citation errors were discovered in the ruling.

The judgment, delivered by Court of Appeal President Justice Kananelo Mosito with the concurrence of Justices Sakoane and Philip Musonda, involved a land dispute between Moeketsi Monaheng and Richard Mahlomola.

The ruling contained multiple incorrect references to key provisions of the Land Act 2010 and the Land Regulations 2011, despite those provisions forming the foundation of the court’s decision.

The errors were later identified by Advocate Kelebone Maope KC, editor of the Lesotho Appeal Cases.

The incident sent shockwaves through the legal community and reignited debate about the growing influence of artificial intelligence in legal practice.

While AI tools have become increasingly popular among legal practitioners worldwide for research and drafting, concerns have emerged over their tendency to generate inaccurate or non-existent legal authorities if not properly verified.

The publication of the Constitutional Law Reports is therefore being viewed within the legal fraternity as a timely intervention aimed at strengthening research standards and ensuring practitioners have easier access to authoritative local sources.

For the team behind the project, the objective is not only to preserve Lesotho’s legal heritage but also to provide a practical solution to one of the profession’s emerging challenges.

By compiling and publishing local judgments in an accessible format, the firm hopes to encourage greater reliance on authentic domestic jurisprudence and reduce dependence on artificial intelligence tools that may produce unreliable legal references.

With a second volume already in the pipeline and plans underway to expand the initiative to land law, the project marks an important step towards building a more robust body of accessible legal literature in Lesotho and strengthening confidence in the country’s own judicial precedents.

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