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Lesotho decisions
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Basotho Convention Movement & Ano. V The Commissioner of Police & 17 Others (C of A (CIV) No.32/2025) [2025] LSCA 59 (7 November 2025)
Lesotho Court of Appeal held it lacked jurisdiction over foreign states and the UN, but faulted the High Court for not addressing domestic authorities.
Abel Bushman V Attorney General (C of A (CIV) 47/2020) [2025] LSCA 71 (7 November 2025)
The trial court materially misdirected itself by under-appreciating the medical gravity of the appellant’s injuries and the aggravating circumstance of assault by State agents; the award was manifestly low and a global award of M200,000 for non-patrimonial loss and M5,000 for special damages is just and appropriate.
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Joel Mathealira V Pontso Mathealira & 2 Others (C of A (CIV) No.31/2025) [2025] LSCA 58 (7 November 2025)
Section 10(4) of the Chieftainship Act 1968 (as amended) entitles the widow of a deceased heir-apparent, who would have succeeded but for his death and who left no male issue, to succeed to the chieftaincy in her own right. Collateral succession by a younger brother arises only after the widow's entitlement is exhausted by death or disqualification. The recognition of the first respondent was lawful and consistent with statute, custom, and constitutional protection of the chieftaincy.
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Thabelang Moeketsi & 2 Others V Lesotho General Insurance Co. Ltd (C of A (CIV) 48/2025) [2025] LSCA 72 (7 November 2025)
The Court of Appeal held the appellants lacked locus standi to challenge section 8 of the Motor Vehicle Insurance Order 1989, so the appeal was dismissed.
Lesotho Highlands Development Authority (C of A (CIV) No.28/2025) [2025] LSCA 57 (7 November 2025)
The Court of Appeal held that LHDA’s duty to compensate affected communities arose from the Constitution, treaty and statute, and could not be defeated by policy.
Revenue Services Lesotho & Ano. V Liqhobong Mining Development & Ano. (C of A (CIV) No.43/2025) [2025] LSCA 67 (7 November 2025)
The Court of Appeal held that the High Court lacked jurisdiction to suspend tax payment pending RAT processes; jurisdiction was deferred, not ousted.
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.
Realeboha Nkuatsana & Ano. V Minister of Justice, Law and Parliamentary Affairs & 2 Others (C of A (CIV) No 19/2025) [2025] LSCA 50 (7 November 2025)
The High Court lacked jurisdiction to entertain the application under its ordinary civil jurisdiction because the claim was a constitutional complaint requiring compliance with section 22 of the Constitution and the Constitutional Litigation Rules. The proceedings were a nullity and must commence de novo before the Constitutional Division of the High Court.
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Lietsiso Mothala &76 Others V Director General National Security Service & 3 Others (C of A (CIV) 60/2025) [2025] LSCA 78 (7 November 2025)
The Director General acted unlawfully by resorting to self-help and failing to seek judicial review to set aside the appellants' appointments. The discharge was procedurally defective as the mandatory enquiry and procedures under the Act and Regulations were not followed. The Minister and Prime Minister had no lawful role in the discharge process. The collateral challenge to the lawfulness of the appointments was inconsistent with the respondents' own conduct and failed.
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Thabiso Lekitla V Rex (C of A (CRI) 12/2025) [2025] LSCA 75 (7 November 2025)
Court of Appeal dismissed a recusal appeal in a murder case, holding the trial judge applied the correct bias test and showed firmness, not bias.
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