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Lesotho Case Law

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Civil procedure [2019] LSHC 45

Tumore Civils & Building Construction ( Pty) Ltd v Majara (LC/APN 18)

Tumore Civils & Building Construction ( Pty) Ltd v Majara (LC/APN 18) [2019] LSHC 45 (19 September 2019)

The applicant failed to prove beyond reasonable doubt that the respondents' letter to the police or their alleged participation in the destruction of property constituted contempt of court. The evidence, particularly on identification, was unreliable and contradictory. The letter did not amount to non-compliance with the court order, and the respondents' culpability for contempt was not established.

  • Contempt of court
  • Interim orders
  • Burden of proof
  • Identification evidence
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Criminal law [2014] LSHC 29

Letsepileng Mashaphane v Director of Public Prosecutions (CR 1; CRI/A)

Letsepileng Mashaphane v Director of Public Prosecutions (CR 1; CRI/A) [2014] LSHC 29 (14 August 2014)

The High Court of Lesotho dismissed a rape appeal, holding that circumstantial and identification evidence, including the accused’s hat and overall, supported conviction.

  • Rape
  • Identification evidence
  • Appeal against conviction
  • Appeal against sentence
  • Identification-evidence
  • Criminal-appeal
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Criminal law [2013] LSCA 34

Mpumelelo Mbobo v The Director of Public Prosecutions (C of A (CRI) 4 of 2013)

Mpumelelo Mbobo v The Director of Public Prosecutions (C of A (CRI) 4 of 2013) [2013] LSCA 34 (18 October 2013)

The Court of Appeal of Lesotho upheld Mbobo’s murder and attempted murder convictions, relying on multiple eyewitness identifications and rejecting his alibi.

  • Murder
  • Attempted murder
  • Identification evidence
  • Alibi
  • Sentencing
  • Criminal-law
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Criminal law [1995] LSCA 178

R v Mokhele (CRI/A 10 of 95)

R v Mokhele (CRI/A 10 of 95) [1995] LSCA 178 (9 November 1995)

The High Court of Lesotho allowed a criminal appeal against a theft conviction, finding inconsistent evidence, unreliable identification, and problems with exhibit handling.

  • Theft
  • Identification evidence
  • Handling of exhibits
  • Burden of proof
  • Identification-evidence
  • Criminal-procedure
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Criminal law [1995] LSCA 142

R v Makeka and Others (CRI/A 26 of 95)

R v Makeka and Others (CRI/A 26 of 95) [1995] LSCA 142 (25 September 1995)

The High Court of Lesotho dismissed a criminal appeal, upholding convictions for housebreaking with intent to commit indecent assault and a five-year sentence.

  • Housebreaking
  • Indecent assault
  • Identification evidence
  • Alibi
  • Sentencing
  • Criminal-appeal
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Criminal law [1995] LSCA 34

R v Mebe and Another (CRI/A 30 of 93)

R v Mebe and Another (CRI/A 30 of 93) [1995] LSCA 34 (13 February 1995)

Appeal against rape convictions allowed because the identification evidence was unreliable and the trial court drew unsafe inferences from the record.

  • Rape
  • Identification evidence
  • Burden of proof
  • Misdirection
  • Appellate review
  • Criminal-law
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Criminal law [1994] LSCA 59

Piti and Another v P (CRI/A 36 of 91)

Piti and Another v P (CRI/A 36 of 91) [1994] LSCA 59 (17 March 1994)

The High Court of Lesotho set aside rape convictions, finding the identification evidence unreliable because it came from a single witness in dark conditions without corroboration.

  • Rape
  • Identification evidence
  • Cautionary rule
  • Single witness testimony
  • Corroboration
  • Criminal-law
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Criminal law [1994] LSCA 6

Lebete and Another v R (C of A (CRI) 21 of 86)

Lebete and Another v R (C of A (CRI) 21 of 86) [1994] LSCA 6 (22 January 1994)

The Court of Appeal of Lesotho set aside the first appellant’s theft conviction for unreliable identification evidence and reduced the second appellant’s receiving conviction to 376 cases of beer.

  • Theft
  • Receiving stolen property
  • Identification evidence
  • Circumstantial evidence
  • Appeals
  • Criminal-law
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Criminal law [1991] LSCA 149

Matooane v R (CRI/A 97 of 90)

Matooane v R (CRI/A 97 of 90) [1991] LSCA 149 (29 November 1991)

The appeal succeeded after the court found the identification evidence unreliable. The housebreaking and theft conviction was set aside and replaced with receiving stolen goods.

  • Housebreaking
  • Theft
  • Receiving stolen goods
  • Identification evidence
  • Sentencing
  • Criminal-law
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Criminal law [1991] LSCA 148

Incomplete Judgement ((NA) No.)

Incomplete Judgement ((NA) No.) [1991] LSCA 148 (29 November 1991)

Court of Appeal found the identification evidence unsafe, set aside the housebreaking conviction, substituted receiving stolen goods, and reduced sentence.

  • Identification evidence
  • Receiving stolen property
  • Housebreaking
  • Appeal against conviction
  • Appeal against sentence
  • Criminal-law
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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.