Lesotho Case Law

Maieane Khaketla V COMPOL (CIV/T/0114/2017)

Maieane Khaketla V COMPOL (CIV/T/0114/2017) [2024] LSHC 133 (10 July 2024)

Court

High Court

Case number

CIV/T/0114/2017

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.

Source excerpt

• Unlawful arrest
• Detention
• Contempt of court
• Damages
• Police powers

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Makhaba v The Commissioner of Police (CIV/T 319 of 11)

Makhaba v The Commissioner of Police (CIV/T 319 of 11) [2017] LSHC 38 (14 November 2017)

Court

High Court

Case number

CIV/T 319 of 11

The High Court of Lesotho held that the plaintiff’s arrest and detention were unlawful and that he was assaulted in custody, awarding M50,000 in damages.

• Unlawful arrest
• Detention
• Assault
• Damages
• Dignity
• Unlawful-arrest

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Brigadier Mareka & Others v Commander Lesotho Defence Force (C of A (CIV) 52 of 2016)

Brigadier Mareka & Others v Commander Lesotho Defence Force (C of A (CIV) 52 of 2016) [2016] LSCA 9 (29 April 2016)

Court

Court of Appeal

Case number

C of A (CIV) 52 of 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.

• Court martial
• Judicial review
• Fair trial
• Detention
• Commission of inquiry
• Court-martial

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Lethole v Commissioner of Police and Others (CIV/T 4 of 2014)

Lethole v Commissioner of Police and Others (CIV/T 4 of 2014) [2014] LSHC 74 (12 August 2014)

Court

High Court

Case number

CIV/T 4 of 2014

The plaintiff's unchallenged evidence established assault, unlawful arrest, and detention by police officers acting within the scope of employment. The court awarded damages for pain and suffering, contumelia, unlawful arrest and detention, and medical expenses, but dismissed the claim for disfigurement due to lack of evidence.

Source excerpt

• Assault
• Damages
• Unlawful arrest
• Detention
• Contumelia

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Lori Ramashala v Makutle Makutle and Others (CIV/T 72 of 2011)

Lori Ramashala v Makutle Makutle and Others (CIV/T 72 of 2011) [2013] LSHC 51 (15 August 2013)

Court

High Court

Case number

CIV/T 72 of 2011

The High Court of Lesotho awarded damages for unlawful detention, assault and contumelia after finding police torture and overlong detention proved.

• Unlawful arrest
• Detention
• Assault
• Damages
• Police misconduct
• Unlawful-arrest

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Mosehle Molise v Officer Commanding Thaba Tseka Police Post and Others (CIV/T 40 of 2012)

Mosehle Molise v Officer Commanding Thaba Tseka Police Post and Others (CIV/T 40 of 2012) [2013] LSHC 74 (11 March 2013)

Court

High Court

Case number

CIV/T 40 of 2012

A Lesotho High Court case awarded damages to a plaintiff assaulted by police while in custody, after liability was conceded and only quantum remained in dispute.

• Police brutality
• Unlawful assault
• Damages for personal injury
• Detention and arrest
• Human rights
• Police-brutality

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Directorate on Corruption and Economic Affairs and Others v Dlamini (CIV/APN/297/2008; C OF A (CIV) 21/2009)

Directorate on Corruption and Economic Affairs and Others v Dlamini (CIV/APN/297/2008; C OF A (CIV) 21/2009) [2009] LSCA 10 (23 October 2009)

Court

Court of Appeal

Case number

CIV/APN/297/2008 ; C OF A (CIV) 21/2009

The respondent's arrest was unlawful because DCEO officers were not authorized to execute a warrant addressed to 'peace officers'. However, his continued detention became lawful upon his remand by a magistrate. The cross-appeal regarding the review of the magistrate's refusal to grant bail was not properly before the court due to lack of leave to appeal.

Source excerpt

• Unlawful arrest
• Detention
• Bail
• Review of magistrate's decision

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Lekotholi v Attorney-General (CIV/APN 391 of 93)

Lekotholi v Attorney-General (CIV/APN 391 of 93) [1994] LSCA 153 (14 October 1994)

Court

Court of Appeal

Case number

CIV/APN 391 of 93

The applicant was granted an extension of time to bring an action because he could not have instituted proceedings until criminal proceedings were finalized or abandoned, his ignorance of the limitation provision was accepted as a good reason, and constitutional rights to liberty and freedom of movement were found to override statutory limitation periods that would otherwise bar the claim.

Source excerpt

• Extension of limitation period
• Police misconduct
• Malicious prosecution
• Detention
• Assault
• Limitation of actions

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Mohoanyane v Commissioner of Police and Others (CIV/APN 106 of 84)

Mohoanyane v Commissioner of Police and Others (CIV/APN 106 of 84) [1984] LSCA 93 (31 July 1984)

Court

Court of Appeal

Case number

CIV/APN 106 of 84

The High Court of Lesotho refused costs after a rule nisi in a detention challenge, finding no proof of unlawful detention or improper police conduct.

• Detention
• Costs
• Internal security act
• Habeas corpus
• Internal-security-act
• Habeas-corpus

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Shasha v Commissioner of Police and Others (CIV/APN 107 of 84)

Shasha v Commissioner of Police and Others (CIV/APN 107 of 84) [1984] LSCA 94 (31 July 1984)

Court

Court of Appeal

Case number

CIV/APN 107 of 84

The High Court of Lesotho dismissed the applicant’s costs claim after finding the detention complied with statutory requirements and Prison Rules discretion was not exceeded.

• Detention
• Prisoner rights
• Costs
• Habeas corpus
• Prisoner-rights
• Habeas-corpus

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