Mareka v Commander Lesotho Defence Force (CIV/APN 229 of 15) [2015] LSHC 26 (1 July 2015)

Mareka v Commander Lesotho Defence Force (CIV/APN 229 of 15) [2015] LSHC 26 (1 July 2015)

Respondents failed to justify placing Brigadier Mareka under close arrest as required by Regulation 10. Given his health and absence of risk, open arrest with conditions is appropriate to protect his rights.

Citation
[2015] LSHC 26
Parties
Applicant: ‘Mathabo Mareka; 1st Respondent: Commander-Lesotho Defence Force; 2nd Respondent: Minister of Defence; 3rd Respondent: Director of Military Intelligence; 4th Respondent: Minister of Justice; 5th Respondent: Attorney General
Court
High Court
Jurisdiction
Lesotho
Judgment Date
1 July 2015
Case Number
CIV/APN 229 of 15
Procedural Posture
Constitutional and Administrative Application / Judgment on Interim and Substantive Prayers
Outcome
Prayer for open arrest granted; other prayers deferred.
Legal Topics
Open Arrest Vs Close Arrest, Detention Conditions, Health Rights of Detainees
Source Language
English
Constitutional Law Military Law Human Rights Open Arrest Vs Close Arrest Detention Conditions Health Rights of Detainees

Case Brief

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Parties

‘Mathabo Mareka

Applicant

Commander-Lesotho Defence Force

1st Respondent

Minister of Defence

2nd Respondent

Director of Military Intelligence

3rd Respondent

Minister of Justice

4th Respondent

Attorney General

5th Respondent

Procedural Posture

Constitutional and Administrative Application / Judgment on Interim and Substantive Prayers

Legal Issues

  1. 1 Whether Brigadier Mareka should be placed under open arrest instead of close arrest given his health conditions
  2. 2 Whether Respondents complied with Regulation 10 of Defence Force (Discipline) Regulations 1998

Ratio Decidendi

Respondents failed to justify placing Brigadier Mareka under close arrest as required by Regulation 10. Given his health and absence of risk, open arrest with conditions is appropriate to protect his rights.

Court Disposition

Prayer for open arrest granted; other prayers deferred.

Orders

  • Brigadier Mareka to be placed under open arrest subject to conditions: surrender travel documents and firearm, not leave home without authorisation, not interfere with witnesses or evidence, comply with lawful orders including attendance before Court Martial.
  • Interim prayers granted on 9 June 2015 are made final.