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Lesotho decisions
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Lkotsi Mokoma V Commander Lesotho Defence Force & 4 Others (C of A (CIV) No 69/2018) [2024] LSCA 39 (9 November 2024)
The Court of Appeal held that section 51(1) of the Lesotho Defence Force Act allows sentencing discretion and does not require imprisonment.
Alotsi v Commander Lesotho Defence Force (C of A (CIV) 50/2022) [2022] LSCA 33 (11 November 2022)
The discharge of the appellant from the army after conviction and sentence for military offences did not amount to double jeopardy, as the administrative action was distinct from the criminal sanction and was lawfully exercised under section 31 of the Lesotho Defence Force Act 1996. The punishment was commensurate with the offences and necessary to maintain discipline in the army.
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Sesoane v Commander of Lesotho Defence Force (CIV/APN/128/2020) [2022] LSHC 122 (7 September 2022)
The applicant failed to discharge the burden of proof on the balance of probabilities that the decision was irrational, unreasonable, or amounted to double jeopardy. The Commander acted within his discretion under the LDF Act, and the decision was rationally related to the objective of maintaining discipline in the LDF.
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Alotsi v Commander of the Lesotho Defence Force (CIV/APN/325/2021) [2022] LSHC 104 (31 August 2022)
The court found that the summary trial and discharge process complied with the requirements of natural justice and the relevant statutory provisions. The Commander acted within the powers conferred by Section 31 of the Lesotho Defence Force Act, 1996. Discharge following conviction and sentence does not amount to double jeopardy, as it is an administrative decision in the best interests of the Defence Force, not a second punishment.
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Khoabane v Commander LDF (CIV/APN/370/2021 CIV/APN/385/2021) [2022] LSHC 69 (12 January 2022)
The High Court of Lesotho held that the Commander’s removal of applicants from military training was reviewable, set it aside, and awarded costs.
Mokoma v Commander of the Defence Force (C of A (CIV) 69 of 2018) [2020] LSCA 43 (30 October 2020)
The Court of Appeal held that a military sentence imposed on a retired Lesotho Defence Force officer was unlawful because it was imposed under the wrong provision.
Senekane v Commander of Lesotho Defence Force (CIV/T 241 of 20) [2020] LSHC 21 (15 October 2020)
The High Court of Lesotho held that the LDF Commander unlawfully discharged a soldier for ulterior motives and set the decision aside with costs.
John Makhele v The Commander of LDF and Others (CIV/T 210 of 2005) [2017] LSHC 10 (27 April 2017)
The High Court of Lesotho held that Makhele’s claims had not prescribed and awarded damages for unlawful dismissal, malicious prosecution, and some special damages.
Brigadier Mareka & Others v Commander Lesotho Defence Force (C of A (CIV) 52 of 2016) [2016] LSCA 9 (29 April 2016)
The Court of Appeal upheld a court martial convening order and dismissed the appeal, but set aside the open-arrest ruling for lack of evidence.
Commander Lesotho Defence Force and Others v Mareka (C of A (CIV) 27 of 15) [2015] LSCA 23 (7 August 2015)
The High Court had jurisdiction to determine the lawfulness of Brigadier Mareka's detention under the Constitution and habeas corpus principles. The requirements for close arrest under Regulation 10 were not met, and the Defence Force failed to justify the necessity for close arrest. Therefore, the order for open arrest was lawful and proper.
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