Lesotho Case Law

Director of Public Prosecutions (Adv. Hlalefang Motinyane V The Prime Minister & 4 Others (CC/0008/2024 (b))

Director of Public Prosecutions (Adv. Hlalefang Motinyane V The Prime Minister & 4 Others (CC/0008/2024 (b)) [2025] LSHC 167 (28 July 2025)

Court

High Court

Case number

CC/0008/2024 (b)

The High Court of Lesotho dismissed a recusal application, holding that the panel-selection issue was res judicata and that no reasonable apprehension of bias was shown.

• Res judicata
• Recusal of judges
• Judicial impartiality
• Res-judicata
• Judicial-recusal
• Judicial-bias

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Director of Public Prosecutions v Kamoli (C of A No. 02/2022)

Director of Public Prosecutions v Kamoli (C of A No. 02/2022) [2022] LSCA 23 (13 May 2022)

Court

Court of Appeal

Case number

C of A No. 02/2022

The Court of Appeal set aside sanctions against lead prosecutor Shaun Abrahams and held the Chief Justice should have recused himself from the criminal trial.

• Recusal of judge
• Prosecutorial powers
• Speedy court trials act
• Right to fair trial
• Judicial impartiality
• Criminal-appeal

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Kamoli v Director of Public Prosecutions (CRI/T/0002/2018)

Kamoli v Director of Public Prosecutions (CRI/T/0002/2018) [2022] LSHC 29 (4 April 2022)

Court

High Court

Case number

CRI/T/0002/2018

The applicant failed to provide cogent evidence that a reasonable and informed person would apprehend bias on the part of the judge. The grounds advanced were either previously known, not promptly raised, or did not meet the objective test for recusal. The judge's conduct did not give rise to a reasonable apprehension of bias.

Source excerpt

• Recusal of judge
• Apparent bias
• Judicial impartiality

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Fako v The Director of Public Prosecution (CRI/T 4 of 18)

Fako v The Director of Public Prosecution (CRI/T 4 of 18) [2020] LSHC 19 (21 January 2020)

Court

High Court

Case number

CRI/T 4 of 18

The High Court of Lesotho dismissed a criminal recusal application, holding that prior bail involvement and alleged remarks did not justify a reasonable apprehension of bias.

• Recusal of judges
• Fair trial rights
• Judicial impartiality
• Bail proceedings
• Judicial-recusal
• Judicial-bias

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Specified Offices Defined Contribution Pension Fund v Thahane

Specified Offices Defined Contribution Pension Fund v Thahane (CONSTITUTIONAL CASE 10 of 15) [2016] LSHC 10 (26 July 2016)

Court

High Court

Case number

CONSTITUTIONAL CASE 10 of 15

The High Court of Lesotho dismissed a recusal application, finding no reasonable apprehension of bias from judges’ pension-fund membership or a judge’s prior views.

• Recusal of judges
• Apprehension of bias
• Judicial impartiality
• Judicial-recusal
• Apprehension-of-bias
• Judicial-impartiality

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Lehloenya and Others v Lesotho Telecommunications Corporation (now Telecom Lesotho) (LAC/CIV/APN 4 of 9)

Lehloenya and Others v Lesotho Telecommunications Corporation (now Telecom Lesotho) (LAC/CIV/APN 4 of 9) [2011] LSLAC 5 (24 February 2011)

Court

Labour Appeal Court

Case number

LAC/CIV/APN 4 of 9

The Labour Appeal Court judge recused himself from a condonation application after concluding that prior advice could create a reasonable perception of bias.

• Recusal of judge
• Condonation for late filing
• Unfair dismissal
• Judicial impartiality
• Recusal
• Judicial-bias

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Mpoka v R (CRI/A 29 of 2000)

Mpoka v R (CRI/A 29 of 2000) [2001] LSCA 27 (19 February 2001)

Court

Court of Appeal

Case number

CRI/A 29 of 2000

The High Court of Lesotho reduced a domestic-violence sentence from four years to two years, finding the trial court misdirected itself on remorse and sentencing factors.

• Assault with intent to do grievous bodily harm
• Domestic violence
• Sentencing
• Judicial impartiality
• Criminal-sentencing
• Domestic-violence

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Kaleem v Hlajoane (CIV/A/20/93; C of A (CIV) No 29 of 1996)

Kaleem v Hlajoane (CIV/A/20/93; C of A (CIV) No 29 of 1996) [1998] LSCA 90 (10 August 1998)

Court

Court of Appeal

Case number

CIV/A/20/93 ; C of A (CIV) No 29 of 1996

The Court of Appeal struck the appeal from the roll for inordinate delay and ordered the appellant’s advocate to pay costs de bonis propriis.

• Rescission of default judgment
• Costs de bonis propriis
• Contempt of court
• Judicial impartiality
• Rescission-of-default-judgment
• Costs-de-bonis-propriis

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Director of Public Prosecutions v Kamoli and Others (C of A (CRI) 2 of 2022)

Director of Public Prosecutions v Kamoli and Others (C of A (CRI) 2 of 2022) [2022] LSCA 2 (21 April 2022)

Court

Court of Appeal

Case number

C of A (CRI) 2 of 2022

The Court of Appeal held that the Chief Justice erred in law and fact by excluding Adv. Abrahams from the prosecution under the Speedy Court Trials Act, as he was not the counsel responsible for the alleged infraction. The inquiry and sanction were misapplied. The cumulative conduct and remarks of the Chief Justice gave rise to a reasonable apprehension of bias, and he should have recused himself. The DPP had standing to appeal as the exclusion of her appointed counsel affected the prosecution's ability to conduct the case.

Source excerpt

• Recusal of judge
• Prosecutorial discretion
• Speedy trial
• Sanctions against counsel
• Judicial impartiality

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