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Lesotho decisions
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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.
Thabo Khetheng & Ano. V Director of Public Prosecutions (C of A (CRI REV) 2/2025) [2025] LSCA 77 (7 November 2025)
The High Court's failure to record any justification for hearing the bail petition in chambers, and the absence of exceptional circumstances, amounted to a gross irregularity that rendered the proceedings a nullity. Bail proceedings must be conducted in open court unless exceptional circumstances are shown.
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Mothusi Sello & 4 Others V Director of Public Prosecution (C of A (CRI) No 10/2024) [2024] LSCA 45 (1 November 2024)
The Court of Appeal of Lesotho dismissed a bail appeal in a common-purpose murder case, holding that the appellants failed to show exceptional circumstances.
Maieane Khaketla V COMPOL (CIV/T/0114/2017) [2024] LSHC 133 (10 July 2024)
The plaintiff’s arrest was lawful as he committed contempt of court in the presence of police, justifying arrest without a warrant under section 24(a) of the Criminal Procedure and Evidence Act. The manner of arrest was not wrongful as the plaintiff refused to comply voluntarily. The subsequent detention was also lawful, and the claims for damages and contumelia fail for lack of wrongfulness.
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Pakalitha Makhele & Ano. V The Magistrate, Qacha's Nek Magistrate Court, Mr Bale & 2 Others (CRI/REV/0117/2023) [2024] LSHC 60 (12 April 2024)
No procedural irregularities occurred in the trial court; applicants were properly informed of their rights, charges were explained, and sentences for two separate incidents were not a duplication. The review application is misconceived and dismissed.
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Muhammad Ashraf v Director of Public Prosecutions (C of A (CRI) 04/2023) [2023] LSCA 5 (17 November 2023)
The Court of Appeal has no jurisdiction to entertain an appeal against conviction or sentence from the Subordinate Court before the High Court has heard the matter, except on a point of law arising from the High Court's exercise of revisional jurisdiction. No point of law was raised; the appeal and application for leave to appeal are incompetent and must be struck off the roll.
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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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Khabanyane v Commissioner of Police and Others (CIV/T/254/2016) [2023] LSHC 211 (7 March 2023)
The High Court found that police unlawfully assaulted the plaintiff at home and awarded general damages, interest from judgment, and costs.
Lekhina v Drector of Public Prosecutions (C of A (CRI) 40/2022) [2022] LSCA 26 (11 November 2022)
The Court of Appeal dismissed a criminal appeal challenging an interlocutory ruling on confessions, holding there were no exceptional circumstances for piecemeal review.
Lephoto v Directorate on Corruption and Economic Offences (C of A (CIV) 18/2022) [2022] LSCA 60 (11 November 2022)
The remedy of permanent stay of prosecution is only available in exceptional cases where there is clear, irreparable trial-related prejudice caused by egregious delay or bad faith by the State. While pre-charge delay can fall within the protection of s 12(1), Mrs Lephoto did not demonstrate such prejudice or State stratagem. The magistrate's failure to give reasons was a violation of fair trial rights but did not warrant a permanent stay. The High Court's dismissal of the application for permanent stay is upheld.
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