Mosisili v Ramainoanaene (CIV/T 51 of 97) [1996] LSHC 2 (9 January 1996)

Mosisili v Ramainoanaene (CIV/T 51 of 97) [1996] LSHC 2 (9 January 1996)

The application for contempt of court fails because the interim court order relied upon was not sufficiently clear and unambiguous to found a conviction for contempt; applicants failed to make a full and specific case, and the onus of proof in contempt proceedings was not discharged beyond reasonable doubt.

Citation
[1996] LSHC 2
Parties
Applicant: Pakalitha Mosisili; Applicant: Shakhane Mokhehle; Applicant: Notsi Molopo; Applicant: Sephiri Motanyane; Respondent: Candi Ratabane Ramainoane
Court
High Court
Jurisdiction
Lesotho
Judgment Date
9 January 1996
Case Number
CIV/T 51 of 97
Procedural Posture
Application (contempt of Court) / Judgment After Hearing on Merits
Outcome
application dismissed
Legal Topics
Freedom of Expression, Contempt of Court, Interdicts, Defamation of Public Officials, Onus of Proof, Constitutional Supremacy
Source Language
English
Constitutional Law Media Law Defamation Civil Procedure Freedom of Expression Contempt of Court Interdicts Defamation of Public Officials +2 more

Case Brief

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Parties

Pakalitha Mosisili

Applicant

Shakhane Mokhehle

Applicant

Notsi Molopo

Applicant

Sephiri Motanyane

Applicant

Candi Ratabane Ramainoane

Respondent

Procedural Posture

Application (contempt of Court) / Judgment After Hearing on Merits

Legal Issues

  1. 1 Whether the respondent is guilty of contempt of court for allegedly publishing defamatory material in breach of a court order
  2. 2 Whether the interim interdict/order was sufficiently clear to found contempt proceedings
  3. 3 The balance between freedom of expression and protection of reputation under the Constitution

Ratio Decidendi

The application for contempt of court fails because the interim court order relied upon was not sufficiently clear and unambiguous to found a conviction for contempt; applicants failed to make a full and specific case, and the onus of proof in contempt proceedings was not discharged beyond reasonable doubt.

Court Disposition

application dismissed

Orders

  • Each party to pay its own costs