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Lesotho decisions
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Director of Immigration and Others v Lekhoaba and Another (C of A (CIV) 22 of 7) [2008] LSCA 4 (11 April 2008)
The Court of Appeal of Lesotho held that a dual national who failed to renounce South African citizenship by the specified date ceased to be a Lesotho citizen.
Lekhoaba and Another v Director of Immigration and Others (CONSTITUTIONAL CASE 3 of 7) [2007] LSHC 130 (26 October 2007)
The majority held that the 1st applicant, though born in Lesotho to Basotho parents, did not voluntarily acquire South African citizenship as a minor and never intended to renounce his Lesotho citizenship. Section 41 of the Constitution does not apply to him as he did not make a voluntary choice to acquire foreign citizenship. Therefore, he remains a citizen of Lesotho by birth and is not liable to deportation. The deportation order was also invalid as it was issued when the applicant was not present in Lesotho.
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Lekhoaba and Another v Director of Immigration and Others (CONSTITUTIONAL CASE 3 of 2007) [2007] LSHC 6 (26 October 2007)
The majority held that the 1st Applicant, though born in Lesotho to Basotho parents, did not voluntarily acquire South African citizenship as a minor and never intended to renounce his Lesotho citizenship. Section 41 of the Constitution does not apply to him as he was not of age when South African documents were obtained. Section 42 protects citizens by birth from deprivation of citizenship by operation of law. Therefore, the 1st Applicant remains a citizen of Lesotho and is not subject to deportation as an alien. The deportation order was also invalid as it was issued when the 1st Applicant…
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Mothunzi v Director of Public Prosecutions (CIR/APN 546 of 96) [1996] LSHC 111 (14 November 1996)
The High Court of Lesotho granted bail to an accused facing criminal charges, imposing strict conditions to reduce flight risk, including reporting and travel restrictions.
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