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Lesotho decisions
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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.
Rex V Sebilo & 6 Others (CRI/T/0205/2017) [2023] LSHC 254 (19 October 2023)
The High Court of Lesotho discharged seven accused at the close of the Crown’s case, finding no prima facie evidence linking them to the alleged murder.
Makhotso Mahosi V DCEO & 2 Others (CIV/APN/0004/2023) [2023] LSHC 201 (27 September 2023)
The High Court is not the proper forum to determine the admissibility of evidence, voluntariness of admissions, or lawfulness of the search and seizure in the context of a civil application. These are matters for the trial court, which can test the evidence and credibility of witnesses through cross-examination. The application is therefore dismissed.
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Setlojoane V COMPOL (CONST Case No 11 of 2021) [2023] LSHC 136 (14 September 2023)
The High Court, sitting as a Constitutional Court, dismissed a challenge over police demands for client files and fees, holding that adequate trial remedies existed.
Ntene v Freestate Management Trading Entity (CIV/APN 38 of 2019) [2021] LSHC 38 (22 April 2021)
The appeal was dismissed because the respondent failed to provide any satisfactory documentary proof of lawful ownership or possession as required by s.14(3) of the Motor Vehicle Theft Act. The evidence of the applicant, supported by expert and police affidavits, was overwhelming and unchallenged. The magistrate was correct to resolve the matter on affidavits, as viva voce evidence would not have disturbed the balance of probabilities. Affidavits sworn in South Africa were admissible without further authentication, and computer-generated evidence was properly admitted under the presumption of…
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Lesala v Lesotho Revenue Authority and Others (LC/REV 35 of 2010) [2014] LSLC 42 (3 December 2014)
The Labour Court of Lesotho granted a review and remitted a labour dispute to the DDPR. It held the arbitrator mishandled single-witness evidence and an untendered document.
Neko v Director of Public Prosecutions and Others (CRI/APN 77 of 2012) [2012] LSHC 37 (1 August 2012)
High Court review of a criminal conviction for arson dismissed. The court held that admitted statements corroborated accomplice evidence and no gross irregularity was shown.
Rex v Kopano and Another (C of A (CRI) 1 of 2011) [2011] LSCA 19 (20 April 2011)
The conviction of the first appellant was upheld as the circumstantial evidence was strong and excluded all reasonable inferences except guilt; the irregularity regarding the admissibility of evidence did not result in a failure of justice. The second appellant's conviction was quashed due to insufficient evidence. Extenuating circumstances were found for the first appellant, warranting substitution of the death sentence with a 25-year imprisonment term.
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Mochebelele and Another v C (C of A (CRI) 1 of 2009) [2009] LSCA 5 (9 April 2009)
The applicants failed to provide prima facie acceptable evidence that the key witness was untruthful in a material respect or that he was willing to retract material aspects of his evidence. The requirements for reopening a concluded trial, as set out in S v De Jager, were not satisfied. The application was based on speculation rather than substance.
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R v Mochebelele and Another (C of A (CRI) 2 of 8) [2008] LSCA 30 (17 October 2008)
The documentary evidence was admissible as executive statements in furtherance of a common corrupt purpose, and together with the corroborated accomplice evidence, established beyond reasonable doubt that the respondents received bribes from Lahmeyer. The trial court erred in excluding the documents and in its assessment of the evidence. The acquittal was set aside and substituted with a conviction.
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