Billy Macaefa v DPP and Others (CRI/T 165 of 2007) [2009] LSHC 48 (16 March 2009)

Billy Macaefa v DPP and Others (CRI/T 165 of 2007) [2009] LSHC 48 (16 March 2009)

The accused's speech, though critical and ad hominem towards Mr Mosisili, did not amount to sedition as it did not demonstrate an intention to bring into hatred or contempt or to excite disaffection against the Government of Lesotho. The speech urged lawful and democratic means, and the court found no evidence of intent to incite violence or breach of the peace.

Citation
[2009] LSHC 48
Parties
Applicant: Billy Macaefa; 1st Respondent: Director of Public Prosecutions; 2nd Respondent: Minister of Law and Constitutional Affairs; 3rd Respondent: Attorney General
Court
High Court
Jurisdiction
Lesotho
Judgment Date
16 March 2009
Case Number
CRI/T 165 of 2007
Procedural Posture
Criminal / Judgment After Trial
Outcome
acquittal
Legal Topics
Sedition, Freedom of Expression, Election Offences
Source Language
English
Criminal Law Constitutional Law Sedition Freedom of Expression Election Offences

Case Brief

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Parties

Billy Macaefa

Applicant

Director of Public Prosecutions

1st Respondent

Minister of Law and Constitutional Affairs

2nd Respondent

Attorney General

3rd Respondent

Procedural Posture

Criminal / Judgment After Trial

Legal Issues

  1. 1 Whether the accused's speech constituted seditious words under section 4(1)(b) of the International Security (General) Act 24 of 1984
  2. 2 Whether the accused intended to bring into hatred or contempt or to excite disaffection against the Government of Lesotho

Ratio Decidendi

The accused's speech, though critical and ad hominem towards Mr Mosisili, did not amount to sedition as it did not demonstrate an intention to bring into hatred or contempt or to excite disaffection against the Government of Lesotho. The speech urged lawful and democratic means, and the court found no evidence of intent to incite violence or breach of the peace.

Court Disposition

acquittal

Orders

  • The accused is found not guilty and discharged.