Jobo and Others v Commander- Lesotho Defence Force and Others (CIV/APNS 189) [2015] LSHC 25 (18 June 2015)

Jobo and Others v Commander- Lesotho Defence Force and Others (CIV/APNS 189) [2015] LSHC 25 (18 June 2015)

The arrests of the soldiers were executed under section 86 of the LDF Act for investigation of offences under sections 48 and 49 (mutiny), and despite non-compliance with section 87 formalities (remand warrant, written report), such non-compliance did not render the arrests unlawful or amount to kidnapping. The existence of holding charges provided a legal foundation for the detentions. However, the treatment of detainees in shackles and reports of inhuman treatment were condemned as unconstitutional and unlawful.

Citation
[2015] LSHC 25
Parties
Applicant: Matlhokomelo Jobo; Applicant: Ntsoaki Molefi; Applicant: Hape Koali; Applicant: Malehlohonolo Makara; Applicant: Mamojela Evodia Mokhobo; Applicant: Mamatebele Semakale; Respondent: Commander - Lesotho Defence Force; Respondent: Director – Military Intelligence – LDF; Respondent: Minister of Defence; Respondent: Attorney General
Court
High Court
Jurisdiction
Lesotho
Judgment Date
18 June 2015
Case Number
CIV/APNS 189
Procedural Posture
Constitutional/military Law Habeas Corpus (interdictum De Homine Libero Exhibendo) / Judgment After Consolidation of Urgent Habeas Corpus Applications
Outcome
Prayers for release based on kidnapping or abduction not granted; partial relief granted regarding humane treatment and access.
Legal Topics
Habeas Corpus, Military Arrests, Kidnapping Vs Lawful Arrest, Due Process, Torture and Inhuman Treatment, Compliance With Military Regulations
Source Language
English
Constitutional Law Military Law Human Rights Habeas Corpus Military Arrests Kidnapping Vs Lawful Arrest Due Process Torture and Inhuman Treatment +1 more

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Parties

Matlhokomelo Jobo

Applicant

Ntsoaki Molefi

Applicant

Hape Koali

Applicant

Malehlohonolo Makara

Applicant

Mamojela Evodia Mokhobo

Applicant

Mamatebele Semakale

Applicant

Commander - Lesotho Defence Force

Respondent

Director – Military Intelligence – LDF

Respondent

Minister of Defence

Respondent

Attorney General

Respondent

Procedural Posture

Constitutional/military Law Habeas Corpus (interdictum De Homine Libero Exhibendo) / Judgment After Consolidation of Urgent Habeas Corpus Applications

Legal Issues

  1. 1 Whether the arrest and detention of serving soldiers under section 86 of the Lesotho Defence Force Act was unlawful and amounted to kidnapping or abduction
  2. 2 Whether non-compliance with section 87 (1) and (2) of the LDF Act invalidates arrest and continued detention
  3. 3 Whether the treatment of detainees violated constitutional rights

Ratio Decidendi

The arrests of the soldiers were executed under section 86 of the LDF Act for investigation of offences under sections 48 and 49 (mutiny), and despite non-compliance with section 87 formalities (remand warrant, written report), such non-compliance did not render the arrests unlawful or amount to kidnapping. The existence of holding charges provided a legal foundation for the detentions. However, the treatment of detainees in shackles and reports of inhuman treatment were condemned as unconstitutional and unlawful.

Court Disposition

Prayers for release based on kidnapping or abduction not granted; partial relief granted regarding humane treatment and access.

Orders

  • 1st, 2nd, and 3rd Respondents ordered to immediately cease any torturous, inhuman, degrading, or slavery-like treatment of detainees.
  • Orders authorising access to spouses and legal advisors to continue between 10 am and 3 pm on weekdays, each visit to last 90 minutes.