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Lesotho decisions
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Director of Public Prosecutions V Jobere Kelane (C of A (CRI REV) 01/2025) [2025] LSCA 74 (7 November 2025)
The Court of Appeal reviewed its own sentence order in a murder case, holding that suspending part of the sentence was a patent error because statute bars suspension for murder.
Litsoene Makhamisa V Director of Public Prosecution (C of A (CRI) 2/2025) [2025] LSCA 76 (7 November 2025)
The Court of Appeal upheld murder and unlawful damage convictions, preferring eyewitness evidence over inconclusive medical opinion and confirming a 25-year sentence.
Jobere Kelane V Director of Public Prosecutions (C of A (CRI) 04/2024) [2025] LSCA 43 (2 May 2025)
The grounds of appeal did not challenge the trial court's core findings, and the evidence established the appellant's guilt beyond reasonable doubt. The sentence of 13 years was manifestly lenient given the gravity of the offence, and the appellate court was empowered to enhance the sentence proprio motu after inviting submissions from both parties.
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Lepota Natsoane V Rex (C of A (CRI) 05/2023) [2025] LSCA 44 (2 May 2025)
The Court of Appeal of Lesotho substituted culpable homicide for murder after finding the trial court failed to prove intent to kill beyond reasonable doubt.
Mphutlane Kala V The Director of Public Prosecutions (C of A (CRI) 11/2022) [2025] LSCA 45 (2 May 2025)
The appellant’s act was not in response to an imminent or ongoing threat but was a retaliatory stabbing after the altercation had ended. The facts did not support self-defence, and constructive intent for murder was established. The sentence, though severe, was justified given the circumstances and due consideration of relevant factors.
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Limpho Motjolopane V Rex (C of A (CRI) 08/2025) [2025] LSCA 8 (2 May 2025)
Court of Appeal allowed a murder conviction appeal, finding material misdirection on self-defence, witness evaluation, and forensic evidence, and entered an acquittal.
Rex v Tumelo Phahlang (CRI/T/0119/2024) [2025] LSHC 81 (27 March 2025)
The High Court of Lesotho convicted Tumelo Phahlang of murder after rejecting self-defence and found extenuating circumstances before imposing 20 years’ imprisonment.
Rex V Ngoae Kotelo (CRI/T/0108/2024) [2025] LSHC 70 (21 March 2025)
The evidence proved beyond reasonable doubt that the accused intentionally and unlawfully killed both victims. The accused's actions were premeditated, targeted defenceless women, and showed no immediate remorse. Extenuating circumstances existed but did not outweigh the gravity of the offences. The accused was found guilty on both counts of murder and sentenced to forty years imprisonment on each count, to run concurrently.
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Rex V Molahlehi Mahlalela (CRI/T/0062/2024) [2025] LSHC 16 (6 February 2025)
The High Court of Lesotho convicted the accused of culpable homicide after a guilty plea was accepted and imposed eight years’ imprisonment, suspended for three years.
Pakalitha Makhele & Ano. V The Qacha's Nek MagistrateCourt Mr. Bale (C of A (CRI) No 08/2024) [2024] LSCA 43 (1 November 2024)
The Court of Appeal struck the appeal off the roll because it challenged revisional proceedings without the required leave to appeal.
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