Setlojoane V COMPOL (CONST Case No 11 of 2021) [2023] LSHC 136 (14 September 2023)

Setlojoane V COMPOL (CONST Case No 11 of 2021) [2023] LSHC 136 (14 September 2023)

The court declined jurisdiction under the proviso to Section 22(2) of the Constitution, finding adequate alternative remedies existed for the alleged breach of lawyer-client privilege, and that the applicant failed to prove a violation of constitutional or statutory rights. The decision to prosecute was not reviewable in these circumstances.

Citation
[2023] LSHC 136
Parties
Applicant: Rethabile Setlojoane; 1st Respondent: Commissioner of Police; 2nd Respondent: Minister of Law and Constitutional Affairs; 3rd Respondent: Attorney General
Court
High Court
Jurisdiction
Lesotho
Judgment Date
14 September 2023
Case Number
CONST Case No 11 of 2021
Procedural Posture
Constitutional Petition / Judgment
Outcome
Application dismissed
Legal Topics
Lawyer Client Privilege, Fair Trial Rights, Money Laundering, Prosecutorial Discretion, Abuse of Process
Source Language
English
Constitutional Law Criminal Law Evidence Lawyer Client Privilege Fair Trial Rights Money Laundering Prosecutorial Discretion Abuse of Process

Case Brief

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Parties

Rethabile Setlojoane

Applicant

Commissioner of Police

1st Respondent

Minister of Law and Constitutional Affairs

2nd Respondent

Attorney General

3rd Respondent

Procedural Posture

Constitutional Petition / Judgment

Legal Issues

  1. 1 Whether the applicant has locus standi to enforce lawyer-client privilege
  2. 2 Whether the court should decline constitutional jurisdiction due to availability of alternative remedies
  3. 3 Whether the applicant's joinder in criminal proceedings was unlawful

Ratio Decidendi

The court declined jurisdiction under the proviso to Section 22(2) of the Constitution, finding adequate alternative remedies existed for the alleged breach of lawyer-client privilege, and that the applicant failed to prove a violation of constitutional or statutory rights. The decision to prosecute was not reviewable in these circumstances.

Court Disposition

Application dismissed

Orders

  • The application is dismissed with no order as to costs.