Thabo Khetheng & Ano. V Director of Public Prosecutions (C of A (CRI REV) 2/2025) [2025] LSCA 77 (7 November 2025)

Thabo Khetheng & Ano. V Director of Public Prosecutions (C of A (CRI REV) 2/2025) [2025] LSCA 77 (7 November 2025)

The High Court's failure to record any justification for hearing the bail petition in chambers, and the absence of exceptional circumstances, amounted to a gross irregularity that rendered the proceedings a nullity. Bail proceedings must be conducted in open court unless exceptional circumstances are shown.

Citation
[2025] LSCA 77
Parties
1st Applicant: Thabo Khetheng; 2nd Applicant: Mabula Khetheng; 1st Respondent: Director of Public Prosecutions; 2nd Respondent: Molahlehi Letsoepa; 3rd Respondent: Law Society of Lesotho; 4th Respondent: The Attorney General
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
7 November 2025
Case Number
C of A (CRI REV) 2/2025
Procedural Posture
Criminal Review / Appeal Judgment
Outcome
Bail proceedings declared a nullity; bail order set aside; matter remitted for fresh hearing.
Legal Topics
Open Justice, Bail Proceedings, Judicial Review, Victims' Rights
Source Language
English
Constitutional Law Criminal Procedure Open Justice Bail Proceedings Judicial Review Victims' Rights

Case Brief

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Parties

Thabo Khetheng

1st Applicant

Mabula Khetheng

2nd Applicant

Director of Public Prosecutions

1st Respondent

Molahlehi Letsoepa

2nd Respondent

Law Society of Lesotho

3rd Respondent

The Attorney General

4th Respondent

Procedural Posture

Criminal Review / Appeal Judgment

Legal Issues

  1. 1 Whether bail proceedings conducted in chambers, rather than open court, render the bail order a nullity
  2. 2 Whether exceptional circumstances justified departure from open court requirement in bail proceedings
  3. 3 Whether victims' rights and public confidence were undermined by the manner of proceedings

Ratio Decidendi

The High Court's failure to record any justification for hearing the bail petition in chambers, and the absence of exceptional circumstances, amounted to a gross irregularity that rendered the proceedings a nullity. Bail proceedings must be conducted in open court unless exceptional circumstances are shown.

Court Disposition

Bail proceedings declared a nullity; bail order set aside; matter remitted for fresh hearing.

Orders

  • The bail proceedings conducted before Ralebese J on 12th and 20th June 2025 are declared a nullity.
  • The judgment and order of the High Court admitting the second respondent to bail is reviewed and set aside.