Lesotho Case Law

Mphutlane Kala V The Director of Public Prosecutions (C of A (CRI) 11/2022)

Mphutlane Kala V The Director of Public Prosecutions (C of A (CRI) 11/2022) [2025] LSCA 45 (2 May 2025)

Court

Court of Appeal

Case number

C of A (CRI) 11/2022

The appellant’s act was not in response to an imminent or ongoing threat but was a retaliatory stabbing after the altercation had ended. The facts did not support self-defence, and constructive intent for murder was established. The sentence, though severe, was justified given the circumstances and due consideration of relevant factors.

Source excerpt

• Murder
• Self-defence
• Sentencing
• Constructive intent

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Limpho Motjolopane V Rex (C of A (CRI) 08/2025)

Limpho Motjolopane V Rex (C of A (CRI) 08/2025) [2025] LSCA 8 (2 May 2025)

Court

Court of Appeal

Case number

C of A (CRI) 08/2025

Court of Appeal allowed a murder conviction appeal, finding material misdirection on self-defence, witness evaluation, and forensic evidence, and entered an acquittal.

• Murder
• Self-defence
• Burden of proof
• Appellate review
• Single witness rule
• Forensic evidence

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Rex v Tumelo Phahlang (CRI/T/0119/2024)

Rex v Tumelo Phahlang (CRI/T/0119/2024) [2025] LSHC 81 (27 March 2025)

Court

High Court

Case number

CRI/T/0119/2024

The High Court of Lesotho convicted Tumelo Phahlang of murder after rejecting self-defence and found extenuating circumstances before imposing 20 years’ imprisonment.

• Murder
• Self-defence
• Sentencing
• Extenuating circumstances
• Extenuating-circumstances

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Rex V Phaanyane (CRI/T/0069/2022)

Rex V Phaanyane (CRI/T/0069/2022) [2023] LSHC 88 (25 April 2023)

Court

High Court

Case number

CRI/T/0069/2022

The High Court of Lesotho acquitted the accused of murder, holding that she acted in self-defence and did not use excessive force.

• Murder
• Self-defence
• Burden of proof
• Excessive force
• Excessive-force
• Burden-of-proof

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Rex v Rapiletsa (CRI/T/0015/2020)

Rex v Rapiletsa (CRI/T/0015/2020) [2022] LSHC 21 (22 March 2022)

Court

High Court

Case number

CRI/T/0015/2020

The accused were found guilty of murder and attempted murder under the doctrine of common purpose. Their claim of self-defence was rejected as the force used was excessive and continued after the victims were no longer a threat. Extenuating circumstances were found due to lack of premeditation, animosity, remorse, and voluntary surrender to police, reducing moral blameworthiness but not culpability.

Source excerpt

• Murder
• Attempted murder
• Common purpose
• Self-defence
• Extenuating circumstances
• Sentencing

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Rex v Koenyama (CRI/T/80/2011)

Rex v Koenyama (CRI/T/80/2011) [2022] LSHC 96 (7 February 2022)

Court

High Court

Case number

CRI/T/80/2011

The High Court of Lesotho rejected a self-defence claim in a murder trial, found the accused's version improbable, and sentenced him to 8 years' imprisonment.

• Murder
• Self-defence
• Extenuating circumstances
• Sentencing
• Extenuating-circumstances

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R v Moabi (CRI/T 144 of 17)

R v Moabi (CRI/T 144 of 17) [2019] LSHC 57 (12 December 2019)

Court

High Court

Case number

CRI/T 144 of 17

The accused inflicted intrinsically dangerous wounds which were the operating and substantial cause of death. The absence of blood transfusion or alleged substandard medical treatment did not break the chain of causation. The accused was the aggressor and did not act in self-defence. Extenuating circumstances existed due to the accused's background and lack of maturity, reducing his moral blameworthiness.

Source excerpt

• Murder
• Causation
• Novus actus interveniens
• Self-defence
• Extenuating circumstances
• Sentencing

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R v Khasoane (CRI/T 130 of 17)

R v Khasoane (CRI/T 130 of 17) [2019] LSHC 58 (22 November 2019)

Court

High Court

Case number

CRI/T 130 of 17

Although the accused was initially the aggressor, when the deceased attacked him with a knife, the deceased exceeded the bounds of self-defence, entitling the accused to defend himself. The Crown failed to prove beyond reasonable doubt that the accused was guilty of murder.

Source excerpt

• Murder
• Private defence
• Self-defence
• Aggressor exception

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R v Chondile (CRI/T 12 of 2002)

R v Chondile (CRI/T 12 of 2002) [2014] LSHC 69 (28 May 2014)

Court

High Court

Case number

CRI/T 12 of 2002

Murder trial in which the High Court held that the accused acted in self-defence during a taxi-route confrontation and was found not guilty.

• Murder
• Self-defence
• Burden of proof
• Burden-of-proof
• Criminal-law

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R v Zacharia Katu (CRI/T 27 of 2003)

R v Zacharia Katu (CRI/T 27 of 2003) [2013] LSHC 64 (30 September 2013)

Court

High Court

Case number

CRI/T 27 of 2003

The High Court of Lesotho rejected self-defence and convicted the accused of culpable homicide after he shot a woman near a shop fence, then sentenced him to three years.

• Culpable homicide
• Murder
• Self-defence
• Sentencing
• Culpable-homicide
• Criminal-law

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