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Lesotho decisions
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Litsietsi Tlelase & Ano. V The Commissioner of Police & 5 Others (C of A (CIV) 46/2025) [2025] LSCA 70 (7 November 2025)
The Court of Appeal held that indigency and State inaction justified extending time to sue the police over a death in custody.
Teboho Modia V COMPOL (C of A (CIV) 76/2024) [2025] LSCA 34 (2 May 2025)
The Court of Appeal held that a prescription plea in a malicious arrest claim could not be decided without oral evidence and remitted the matter to the High Court.
Kamoli v Commissioner of Lesotho Correctional Services and Others (CIV/APN 251 of 2021) [2021] LSHC 90 (5 August 2021)
Awaiting trial prisoners retain basic rights, including the right to attend funerals of close relatives, subject to reasonable security conditions. Correctional authorities have residual discretion to grant leave for such purposes, and the use of restraints must be justified and not arbitrary. The Commissioner failed to exercise discretion and the applicant's request was reasonable and consistent with constitutional and international standards.
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Officer Commanding Mafeteng Police Station v Tjela (C of A (CIV) 45 of 2020) [2021] LSCA 23 (14 May 2021)
The High Court’s award was wrong in principle as it was excessive and not consistent with the Roman Dutch law approach, which does not allow punitive damages in delictual claims. The appellate court substituted a global award of M250,000 for pain, shock, suffering, contumelia, and medical expenses, with interest, reflecting both the seriousness of the violation and the need for consistency in awards.
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Tjela v Officer Commanding Mafeteng Police Station and Others (CIV/T 152 of 2016) [2020] LSHC 36 (4 November 2020)
The High Court of Lesotho found police unlawfully assaulted and tortured the plaintiff, awarding damages for medical expenses, pain, suffering, and contumelia.
Leutsoa v Director of Public Prosecutions (CONSTITUTIONAL CASE 10 of 2019) [2020] LSHC 18 (10 September 2020)
Section 109A of the Criminal Procedure and Evidence (Amendment) Act No.10 of 2002, which requires accused persons charged with serious offences to show exceptional circumstances for bail, is a justified and proportionate limitation on the right to liberty. It is not arbitrary, does not amount to an outright prohibition of bail, and preserves judicial discretion. The provision withstands constitutional scrutiny. Complaints regarding prison conditions and treatment are not sufficiently supported by evidence and are more appropriately addressed under prison law or before the trial court.
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Lesotho Medical Association and Another v Minister of Health and Others (CONST. CC 19 of 2019) [2020] LSHC 14 (24 June 2020)
The court held that Directive Principles of State Policy are not justiciable and cannot be enforced directly by the court. However, the Lesotho Medical Association has locus standi to sue on behalf of its members where sufficient interest is shown. The suspension of doctors' call allowances without a hearing was arbitrary and unconstitutional, violating the right to property. The State's failure to provide doctors with personal protective equipment breached its substantive obligation to protect the right to life. The court declined jurisdiction over the 2nd applicant's suspension as adequate…
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Likoti v Prime Minister (CONSTITUTIONAL CASE 16 of 2018) [2019] LSHC 29 (25 September 2019)
The court found that the government policy was unfairly discriminatory as it classified similarly situated loan beneficiaries into two groups without a rational or constitutional justification, advantaging parliamentarians and ministers while disadvantaging the applicant and others. The respondents failed to rebut the applicant's uncontested averments of political motivation and did not demonstrate that the differentiation served a legitimate government objective or was proportionate. The seizure of the applicant's gratuity without Public Service Commission concurrence was also unlawful. The…
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Makh'apha v The Commissioner of Police (CIV/T 130 of 13) [2018] LSHC 34 (15 November 2018)
The High Court of Lesotho found that the plaintiff was assaulted and tortured by police in custody, making his arrest and detention unlawful and awarding damages.
Ratia v Ratia (CIV/APN 329 of 14) [2018] LSHC 58 (13 August 2018)
The High Court of Lesotho held that a widow, not the customary male heir, had the prior right to decide where her husband should be buried.
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