Molapo (NA No.) [2000] LSCA 48 (1 January 2000)

Detaining children in need of care in prisons or juvenile training centres is unlawful as it amounts to punishment by imprisonment, contrary to the Children's Protection Act 1980. Magistrates must make orders in accordance with section 10 of the Act, and all such detention orders are null and void.

Citation: [2000] LSCA 48
Parties: Subject: 'Malefu Molapo
Court: Court of Appeal
Jurisdiction: Lesotho
Judgment Date: 1 January 2000
Case Number: NA No.
Procedural Posture: Review / Order
Outcome: orders of detention in prisons for children in need of care declared null and void
Legal Topics: Detention of Children, Children in Need of Care, Unlawful Imprisonment
Source Language: English

Child Law Criminal Procedure Detention of Children Children in Need of Care Unlawful Imprisonment

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Parties

'Malefu Molapo

Subject

Procedural Posture

Review / Order

Legal Issues

1 Whether it is lawful to detain children in need of care in prisons or juvenile training centres when they have not committed criminal offences
2 Whether magistrates' courts are acting within the law under the Children's Protection Act 1980

Ratio Decidendi

Court Disposition

orders of detention in prisons for children in need of care declared null and void

Orders

All children in need of care detained in prisons must be released and dealt with under section 10 of the Children's Protection Act 1980.
Children must be handed over to the people in whose custody they were before the detention orders were made.