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Lesotho decisions
Decisions matching the current search
Pusetso Moleko V Ministry of Social Development & Ano. (CIV/ADP/0015/2024) [2025] LSHC 34 (18 March 2025)
The High Court of Lesotho dismissed an adoption application, holding the applicant lacked locus standi and the parents’ reasons for relinquishing the child were insufficient.
Lebusa v Peea (CIV/T/41/2020) [2022] LSHC 56 (12 April 2022)
The Master of the High Court acted ultra vires in revoking the applicant’s appointment as guardian, as no statutory power exists for such revocation. However, the applicant’s appointment as guardian was itself invalid for failure to involve the surviving parent, as required by the Children’s Protection and Welfare Act. The applicant is not entitled to be declared the rightful guardian, nor to an interdict against the Master’s demand for inventory and accounts, but the Master’s decision to revoke is declared ultra vires.
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R v Malefetsane Mohlomi and Others (Review Case 6 of 2013) [2013] LSHC 27 (14 March 2013)
The procedural rights of accused 3 and 4 as children under the Children Protection and Welfare Act were violated throughout the proceedings. The trial and sentencing were conducted without the required preliminary inquiry, age assessment, or consideration of diversionary and restorative options. The proceedings as they relate to the child accused are set aside and must commence de novo before a properly constituted Children’s Court with all statutory procedures observed.
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Sotho Development Corporation (Pty) Ltd v Nedbank (Pty) Ltd (C of A (CIV) 18 of 2000) [2000] LSCA 139 (13 September 2000)
The court held that children in need of care cannot lawfully be detained in prison or similar facilities, as this amounts to imprisonment contrary to the Act.
Molapo (NA No.) [2000] LSCA 48 (1 January 2000)
The court held that children in need of care cannot lawfully be detained in prisons or juvenile training centres, and such orders are null and void.
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