Lkotsi Mokoma V Commander Lesotho Defence Force & 4 Others (C of A (CIV) No 69/2018) [2024] LSCA 39 (9 November 2024)

Lkotsi Mokoma V Commander Lesotho Defence Force & 4 Others (C of A (CIV) No 69/2018) [2024] LSCA 39 (9 November 2024)

Section 51(1) of the Lesotho Defence Force Act prescribes a maximum custodial sentence of two years for disobedience of lawful command but does not mandate imprisonment; sentencing discretion remains with the prescribed officer. The prior judgment was clear in remitting the matter for lawful re-sentencing within statutory limits, and no further declaratory order is warranted.

Citation
[2024] LSCA 39
Parties
Applicant/appellant: Likotsi Mokoma; 1st Respondent: Commander Lesotho Defence Force; 2nd Respondent/5th Respondent: Attorney General; 2nd Respondent: Presiding Officer – Summary Trial Proceeding of Lesotho Defence Force; 3rd Respondent: Ministry of Defence; 4th Respondent: Ministry of Finance
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
9 November 2024
Case Number
C of A (CIV) No 69/2018
Procedural Posture
Civil (military Law – Application for Interpretation/clarification of Judgment) / Ruling on Application for Interpretation/clarification of Prior Appellate Judgment
Outcome
Application dismissed
Legal Topics
Sentencing Discretion, Ultra Vires, Summary Trial Procedure, Declaratory Relief, Judgment Interpretation
Source Language
English
Military Law Administrative Law Statutory Interpretation Sentencing Discretion Ultra Vires Summary Trial Procedure Declaratory Relief Judgment Interpretation

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Parties

Likotsi Mokoma

Applicant/appellant

Commander Lesotho Defence Force

1st Respondent

Attorney General

2nd Respondent/5th Respondent

Presiding Officer – Summary Trial Proceeding of Lesotho Defence Force

2nd Respondent

Ministry of Defence

3rd Respondent

Ministry of Finance

4th Respondent

Procedural Posture

Civil (military Law – Application for Interpretation/clarification of Judgment) / Ruling on Application for Interpretation/clarification of Prior Appellate Judgment

Legal Issues

  1. 1 Whether section 51 of the Lesotho Defence Force Act mandates a custodial sentence or allows judicial discretion
  2. 2 Whether the prior judgment required further clarification or was sufficiently clear and enforceable
  3. 3 Whether the applicant is entitled to a declaratory order regarding the interpretation of the prior judgment

Ratio Decidendi

Section 51(1) of the Lesotho Defence Force Act prescribes a maximum custodial sentence of two years for disobedience of lawful command but does not mandate imprisonment; sentencing discretion remains with the prescribed officer. The prior judgment was clear in remitting the matter for lawful re-sentencing within statutory limits, and no further declaratory order is warranted.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.
  • Each party shall bear its own costs.