Hyperama (Proprietary) Limited v O.K Bazaars (1929) Limited ((CIV) 20 of 88) [1990] LSCA 4 (12 June 1990)

Hyperama (Proprietary) Limited v O.K Bazaars (1929) Limited ((CIV) 20 of 88) [1990] LSCA 4 (12 June 1990)

The appellant's convictions were upheld because the statements made to Mr. Van Staden were admissible, the appointment was valid under Regulation 19(1) with severability applied to the appointment document, and the evidence established contraventions of the Exchange Control Regulations and the Central Bank of Lesotho Act.

Citation
[1990] LSCA 4
Parties
Appellant: Edward Hae Phoofolo; Respondent: Rex
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
12 June 1990
Case Number
(CIV) 20 of 88
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Exchange Control Regulations, Central Bank of Lesotho Act, Admissibility of Evidence, Delegation and Severability, Conflict of Statements
Source Language
English
Criminal Law Administrative Law Banking Law Exchange Control Regulations Central Bank of Lesotho Act Admissibility of Evidence Delegation and Severability Conflict of Statements

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Parties

Edward Hae Phoofolo

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant's convictions under the Exchange Control Regulations and Central Bank of Lesotho Act were proper
  2. 2 Whether the appointment and authority of Mr. Van Staden was valid and statements made to him admissible
  3. 3 Whether the doctrine of severability applied to the appointment document

Ratio Decidendi

The appellant's convictions were upheld because the statements made to Mr. Van Staden were admissible, the appointment was valid under Regulation 19(1) with severability applied to the appointment document, and the evidence established contraventions of the Exchange Control Regulations and the Central Bank of Lesotho Act.

Court Disposition

Appeal dismissed