Makhotso Mahosi V DCEO & 2 Others (CIV/APN/0004/2023) [2023] LSHC 201 (27 September 2023)

Makhotso Mahosi V DCEO & 2 Others (CIV/APN/0004/2023) [2023] LSHC 201 (27 September 2023)

The High Court is not the proper forum to determine the admissibility of evidence, voluntariness of admissions, or lawfulness of the search and seizure in the context of a civil application. These are matters for the trial court, which can test the evidence and credibility of witnesses through cross-examination. The application is therefore dismissed.

Citation
[2023] LSHC 201
Parties
1st Applicant: Makhotso Mahosi; 2nd Applicant: Majeremea Mahlabane; 1st Respondent: Directorate on Corruption and Economic Offences; 2nd Respondent: Director of Public Prosecutions; 3rd Respondent: Attorney General
Court
High Court
Jurisdiction
Lesotho
Judgment Date
27 September 2023
Case Number
CIV/APN/0004/2023
Procedural Posture
Civil Application / Judgment on Application to Set Aside Seizure and for Declaratory Relief
Outcome
Application dismissed with costs
Legal Topics
Search and Seizure, Admissibility of Evidence, Right to Legal Representation, Money Laundering, Corruption
Source Language
English
Criminal Procedure Constitutional Law Evidence Search and Seizure Admissibility of Evidence Right to Legal Representation Money Laundering Corruption

Case Brief

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Parties

Makhotso Mahosi

1st Applicant

Majeremea Mahlabane

2nd Applicant

Directorate on Corruption and Economic Offences

1st Respondent

Director of Public Prosecutions

2nd Respondent

Attorney General

3rd Respondent

Procedural Posture

Civil Application / Judgment on Application to Set Aside Seizure and for Declaratory Relief

Legal Issues

  1. 1 Whether the High Court should determine the lawfulness of the search, seizure, and admissibility of evidence prior to trial
  2. 2 Whether the applicants' rights to legal representation and fair procedure were violated
  3. 3 Whether the seizure of money without a warrant was unlawful

Ratio Decidendi

The High Court is not the proper forum to determine the admissibility of evidence, voluntariness of admissions, or lawfulness of the search and seizure in the context of a civil application. These are matters for the trial court, which can test the evidence and credibility of witnesses through cross-examination. The application is therefore dismissed.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed
  • Applicants to pay costs