Lesotho Case Law

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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Rex v Sekonyela (CRI/T/0006/2020)

Rex v Sekonyela (CRI/T/0006/2020) [2022] LSHC 22 (27 April 2022)

Court

High Court

Case number

CRI/T/0006/2020

The High Court of Lesotho granted a discharge in a corruption-related criminal case, holding that the Crown had not proved the accused’s requisite intent.

• Mens rea
• Corruption
• Public finance management
• Statutory interpretation
• Official misconduct
• Mens-rea

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Directorate on Corruption and Economic Offences v SOBITA Investment (Pty) Ltd (CIV/APN 183 of 2020)

Directorate on Corruption and Economic Offences v SOBITA Investment (Pty) Ltd (CIV/APN 183 of 2020) [2020] LSHC 2 (15 December 2020)

Court

High Court

Case number

CIV/APN 183 of 2020

The DCEO failed to prove on a balance of probabilities that the procurement and financial irregularities, or alleged corruption, amounted to serious offences justifying forfeiture under the MLPCA. While Victoria Hotel was used to commit the offence of trading without a license, it is already state property and cannot be forfeited. Forfeiture of all proceeds without isolating those earned during the period of unlawful operation would be disproportionate and unconstitutional. The MLPCA applies retrospectively only in a procedural sense and does not impair vested rights. The application is dismi…

Source excerpt

• Civil forfeiture
• Money laundering
• Procurement law
• Corruption
• Retrospectivity of statutes
• Proportionality in forfeiture

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Lebotsa v R (C OF A (CRI) N0.13/2008; CRI/T/163/2007)

Lebotsa v R (C OF A (CRI) N0.13/2008; CRI/T/163/2007) [2009] LSCA 11 (23 October 2009)

Court

Court of Appeal

Case number

C OF A (CRI) N0.13/2008 ; CRI/T/163/2007

The Court of Appeal of Lesotho upheld a conviction for unauthorized expenditure, dismissed a corruption cross-appeal, and confirmed the fine imposed.

• Unauthorized expenditure
• Corruption
• Statutory interpretation
• Sentencing
• Unauthorised-expenditure
• Statutory-interpretation

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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

• Bribery
• Corruption
• Admissibility of evidence
• Accomplice evidence
• Conspiracy

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Mahase v Director of Public Prosecutions (C of A (CRI) 11 of 2006)

Mahase v Director of Public Prosecutions (C of A (CRI) 11 of 2006) [2007] LSCA 15 (24 October 2007)

Court

Court of Appeal

Case number

C of A (CRI) 11 of 2006

The Court of Appeal of Lesotho upheld a bribery conviction and six-year sentence, finding the appellant’s explanations false and the payments to be bribes.

• Bribery
• Corruption
• Sentencing
• Public officer misconduct
• Criminal-appeal
• Public-official-misconduct

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R v Letsie (CRI/T 3 of 2001)

R v Letsie (CRI/T 3 of 2001) [2002] LSCA 121 (29 October 2002)

Court

Court of Appeal

Case number

CRI/T 3 of 2001

A public prosecutor was convicted of bribery after the court found she agreed to accept M500 to stop prosecuting a detainee’s third case.

• Bribery
• Corruption
• Public officer misconduct
• Criminal procedure
• Public-official-misconduct
• Criminal-procedure

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