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Lesotho decisions
Decisions matching the current search
Motoko V The prime Minister of Lesotho (CIV/APN/0055C/2023) [2023] LSHC 252 (15 September 2023)
The High Court of Lesotho dismissed a recusal application, finding no reasonable apprehension of bias and ordering de bonis propriis costs against counsel.
Director of Public Prosecutions v Kamoli (C of A No. 02/2022) [2022] LSCA 23 (13 May 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.
Rex v Kamoli (CRI/T/0001/2018) [2022] LSHC 17 (11 May 2022)
The application for recusal fails because the facts do not establish a reasonable apprehension of bias. The court's remarks and denial of right of appearance to the prosecutor were justified responses to prosecutorial misconduct and do not amount to bias. The DPP and retained counsel failed in their ethical and legal obligations, and the court's actions were within its powers to ensure the integrity of the proceedings and the right to a speedy trial.
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Kamoli v Director of Public Prosecutions (CRI/T/0002/2018) [2022] LSHC 29 (4 April 2022)
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.
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Fako v The Director of Public Prosecution (CRI/T 4 of 18) [2020] LSHC 20 (29 January 2020)
The applicants failed to delineate their grounds of appeal and did not demonstrate reasonable prospects of success on appeal against the refusal to recuse the judge; therefore, leave to appeal is denied.
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Tsela v Principal Secretary Ministry of Justice (CIV/T 53 of 15) [2018] LSHC 10 (28 June 2018)
Applicants failed to provide cogent or convincing evidence to rebut the presumption of judicial impartiality. The judge was not involved in the alleged remarks or prior proceedings, and his acting status is irrelevant to impartiality. The initial recusal was based on false information and could be rescinded; functus officio did not apply.
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MCT Holdings and Others v Anju Civils and Others (CCA 63 of 2013) [2014] LSHC 103 (19 March 2014)
The High Court of Lesotho judge recused herself after contact from a litigant’s family member raised concerns about the appearance of bias.
Bofihla Makhalane v Letseng Diamonds (Pty) Ltd and Others (LC 68 of 10) [2013] LSLC 24 (10 June 2013)
The Labour Court dismissed a recusal application, held the matter had been withdrawn, and ordered costs against the Applicant.
Thabelo Kebise v Lesotho Brewing Company (Pty) Ltd and Another (LC/REV 93 of 11) [2013] LSLC 13 (4 March 2013)
The Labour Court dismissed a review of a DDPR arbitration award, holding the challenges went to the merits, not reviewable procedural irregularity.
Lehloenya and Others v Lesotho Telecommunications Corporation (now Telecom Lesotho) (LAC/CIV/APN 4 of 9) [2011] LSLAC 5 (24 February 2011)
The Labour Appeal Court judge recused himself from a condonation application after concluding that prior advice could create a reasonable perception of bias.
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