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Lesotho decisions
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Motoko V The prime Minister of Lesotho (CIV/APN/0055C/2023) [2023] LSHC 252 (15 September 2023)
The High Court of Lesotho dismissed a recusal application, finding no reasonable apprehension of bias and ordering de bonis propriis costs against counsel.
Director of Public Prosecutions v Kamoli (C of A No. 02/2022) [2022] LSCA 23 (13 May 2022)
The Court of Appeal set aside sanctions against lead prosecutor Shaun Abrahams and held the Chief Justice should have recused himself from the criminal trial.
Rex v Kamoli (CRI/T/0001/2018) [2022] LSHC 17 (11 May 2022)
The application for recusal fails because the facts do not establish a reasonable apprehension of bias. The court's remarks and denial of right of appearance to the prosecutor were justified responses to prosecutorial misconduct and do not amount to bias. The DPP and retained counsel failed in their ethical and legal obligations, and the court's actions were within its powers to ensure the integrity of the proceedings and the right to a speedy trial.
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Kamoli v Director of Public Prosecutions (CRI/T/0002/2018) [2022] LSHC 29 (4 April 2022)
The applicant failed to provide cogent evidence that a reasonable and informed person would apprehend bias on the part of the judge. The grounds advanced were either previously known, not promptly raised, or did not meet the objective test for recusal. The judge's conduct did not give rise to a reasonable apprehension of bias.
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Fako v The Director of Public Prosecution (CRI/T 4 of 18) [2020] LSHC 19 (21 January 2020)
The High Court of Lesotho dismissed a criminal recusal application, holding that prior bail involvement and alleged remarks did not justify a reasonable apprehension of bias.
Tsela v Principal Secretary Ministry of Justice (CIV/T 53 of 15) [2018] LSHC 10 (28 June 2018)
Applicants failed to provide cogent or convincing evidence to rebut the presumption of judicial impartiality. The judge was not involved in the alleged remarks or prior proceedings, and his acting status is irrelevant to impartiality. The initial recusal was based on false information and could be rescinded; functus officio did not apply.
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Specified Offices Defined Contribution Pension Fund v Thahane (CONSTITUTIONAL CASE 10 of 15) [2016] LSHC 10 (26 July 2016)
The High Court of Lesotho dismissed a recusal application, finding no reasonable apprehension of bias from judges’ pension-fund membership or a judge’s prior views.
Dr. Kananelo Mosito v Director of Public Prosecutions & Another (C of A (CIV) 66 of 2015) [2016] LSCA 17 (29 April 2016)
The Court of Appeal of Lesotho held that a sitting judge is not immune from criminal prosecution and that section 125 does not bar prosecution before dismissal.
MCT Holdings and Others v Anju Civils and Others (CCA 63 of 2013) [2014] LSHC 103 (19 March 2014)
The High Court of Lesotho judge recused herself after contact from a litigant’s family member raised concerns about the appearance of bias.
Lesotho Highlands Development Authority v Thabo Mohlobo and Others (LAC/CIV/A 7 of 2012) [2013] LSLAC 17 (3 July 2013)
The Labour Appeal Court of Lesotho granted an application for the presiding judge to recuse himself, finding a reasonable perception of bias based on prior related judgments.
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