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Lesotho Case Law

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Criminal procedure [2023] LSHC 201

Makhotso Mahosi V DCEO & 2 Others (CIV/APN/0004/2023)

Makhotso Mahosi V DCEO & 2 Others (CIV/APN/0004/2023) [2023] LSHC 201 (27 September 2023)

Court
High Court
Case number
CIV/APN/0004/2023

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.

Source excerpt

  • Search and seizure
  • Admissibility of evidence
  • Right to legal representation
  • Money laundering
  • Corruption
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Criminal law [2023] LSHC 101

Rex V Moji (CRI/T/125/2012)

Rex V Moji (CRI/T/125/2012) [2023] LSHC 101 (19 May 2023)

Court
High Court
Case number
CRI/T/125/2012

The High Court of Lesotho admitted the accused’s confession, found corroborating evidence aliunde, and convicted him of murder and robbery.

  • Murder
  • Robbery
  • Confession
  • Admissibility of evidence
  • Extenuating circumstances
  • Sentencing
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Constitutional law [2019] LSHC 31

Motloheloa v Commissioner of Police

Motloheloa v Commissioner of Police (CONSTITUTIONAL CASE 19 of 2017) [2019] LSHC 31 (21 March 2019)

Court
High Court
Case number
CONSTITUTIONAL CASE 19 of 2017

The applicant failed to demonstrate that the relief sought could not be obtained from the trial court or under laws other than the Constitution. The trial court had jurisdiction to determine admissibility of evidence and provide remedies. The High Court declined to grant a permanent stay or order release of the vehicle, as adequate remedies existed and the preservation/forfeiture proceedings were properly before the civil court.

Source excerpt

  • Marital privilege
  • Right to privacy
  • Right to fair trial
  • Jurisdiction of high court
  • Admissibility of evidence
  • Preservation and forfeiture of property
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Labour law [2013] LSLC 52

Phakiso Ranooana v Lesotho Flour Mills (Pty) Ltd and Another (LC/REV 59 of 2011)

Phakiso Ranooana v Lesotho Flour Mills (Pty) Ltd and Another (LC/REV 59 of 2011) [2013] LSLC 52 (2 September 2013)

Court
Labour Court
Case number
LC/REV 59 of 2011

The Labour Court dismissed a review of a DDPR unfair dismissal award, finding no irregularity in the arbitrator’s evidence assessment and no basis to set aside the award.

  • Review of arbitral award
  • Unfair dismissal
  • Admissibility of evidence
  • Hearsay
  • Circumstantial evidence
  • Labour-law
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Labour law [2012] LSLC 31

Thabiso Khahla v Chaiman Public Service Tribunal and Others (LC/PS/A 1 of 11)

Thabiso Khahla v Chaiman Public Service Tribunal and Others (LC/PS/A 1 of 11) [2012] LSLC 31 (12 December 2012)

Court
Labour Court
Case number
LC/PS/A 1 of 11

No reasonable apprehension of bias was established; the evidence, even if irregularly obtained, was admissible in the interests of justice; circumstantial evidence and the chain of events established on a balance of probabilities that the appellant was involved in the theft; the Tribunal's decision was correct and the appeal is dismissed.

Source excerpt

  • Unfair dismissal
  • Disciplinary proceedings
  • Bias and recusal
  • Admissibility of evidence
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Criminal procedure [2011] LSCA 16

Director of Public Prosecutions v Taole and Others (C of A (CRI) 9 of 2011)

Director of Public Prosecutions v Taole and Others (C of A (CRI) 9 of 2011) [2011] LSCA 16 (20 April 2011)

Court
Court of Appeal
Case number
C of A (CRI) 9 of 2011

The Court of Appeal held that the High Court should not have entertained a pre-trial challenge to an evidentiary ruling in an ongoing criminal case.

  • Admissibility of evidence
  • Interlocutory appeals
  • Piecemeal appeals
  • Review of criminal proceedings
  • Criminal-procedure
  • Interlocutory-appeals
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Criminal law [2011] LSCA 19

Rex v Kopano and Another (C of A (CRI) 1 of 2011)

Rex v Kopano and Another (C of A (CRI) 1 of 2011) [2011] LSCA 19 (20 April 2011)

Court
Court of Appeal
Case number
C of A (CRI) 1 of 2011

The conviction of the first appellant was upheld as the circumstantial evidence was strong and excluded all reasonable inferences except guilt; the irregularity regarding the admissibility of evidence did not result in a failure of justice. The second appellant's conviction was quashed due to insufficient evidence. Extenuating circumstances were found for the first appellant, warranting substitution of the death sentence with a 25-year imprisonment term.

Source excerpt

  • Murder
  • Unlawful possession of firearm
  • Admissibility of evidence
  • Extenuating circumstances
  • Judicial conduct
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Criminal law [2010] LSHC 109

Director of Public Prosecutions v Her Worship Ms Taole and Others (CRI/APN 547 of 8)

Director of Public Prosecutions v Her Worship Ms Taole and Others (CRI/APN 547 of 8) [2010] LSHC 109 (13 September 2010)

Court
High Court
Case number
CRI/APN 547 of 8

The High Court of Lesotho dismissed a criminal review application challenging a magistrate’s interlocutory ruling refusing print-out evidence obtained by search warrant.

  • Review of interlocutory orders
  • Search warrants
  • Admissibility of evidence
  • Powers of subordinate courts
  • Criminal-procedure
  • Judicial-review
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Criminal law [2010] LSHC 102

R v Rantoane Motsoetla and Others (CRI/T 112 of 2004)

R v Rantoane Motsoetla and Others (CRI/T 112 of 2004) [2010] LSHC 102 (1 July 2010)

Court
High Court
Case number
CRI/T 112 of 2004

The court found that there was no consent by the defence to the admission of the statements, and that the Crown must prove beyond reasonable doubt that the statements were freely and voluntarily made before they can be admitted. The Crown cannot introduce the statements through the inquest record without such proof.

Source excerpt

  • Admissibility of evidence
  • Inquest proceedings
  • Voluntariness of statements
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Criminal law [2008] LSCA 30

R v Mochebelele and Another (C of A (CRI) 2 of 8)

R v Mochebelele and Another (C of A (CRI) 2 of 8) [2008] LSCA 30 (17 October 2008)

Court
Court of Appeal
Case number
C of A (CRI) 2 of 8

The documentary evidence was admissible as executive statements in furtherance of a common corrupt purpose, and together with the corroborated accomplice evidence, established beyond reasonable doubt that the respondents received bribes from Lahmeyer. The trial court erred in excluding the documents and in its assessment of the evidence. The acquittal was set aside and substituted with a conviction.

Source excerpt

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Lesotho decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.