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Lesotho decisions
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Director of Public Prosecutions V Jobere Kelane (C of A (CRI REV) 01/2025) [2025] LSCA 74 (7 November 2025)
The Court of Appeal reviewed its own sentence order in a murder case, holding that suspending part of the sentence was a patent error because statute bars suspension for murder.
Litsoene Makhamisa V Director of Public Prosecution (C of A (CRI) 2/2025) [2025] LSCA 76 (7 November 2025)
The Court of Appeal upheld murder and unlawful damage convictions, preferring eyewitness evidence over inconclusive medical opinion and confirming a 25-year sentence.
Jobere Kelane V Director of Public Prosecutions (C of A (CRI) 04/2024) [2025] LSCA 43 (2 May 2025)
The grounds of appeal did not challenge the trial court's core findings, and the evidence established the appellant's guilt beyond reasonable doubt. The sentence of 13 years was manifestly lenient given the gravity of the offence, and the appellate court was empowered to enhance the sentence proprio motu after inviting submissions from both parties.
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Mphutlane Kala V The Director of Public Prosecutions (C of A (CRI) 11/2022) [2025] LSCA 45 (2 May 2025)
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.
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Rex v Tumelo Phahlang (CRI/T/0119/2024) [2025] LSHC 81 (27 March 2025)
The High Court of Lesotho convicted Tumelo Phahlang of murder after rejecting self-defence and found extenuating circumstances before imposing 20 years’ imprisonment.
Rex V Ngoae Kotelo (CRI/T/0108/2024) [2025] LSHC 70 (21 March 2025)
The evidence proved beyond reasonable doubt that the accused intentionally and unlawfully killed both victims. The accused's actions were premeditated, targeted defenceless women, and showed no immediate remorse. Extenuating circumstances existed but did not outweigh the gravity of the offences. The accused was found guilty on both counts of murder and sentenced to forty years imprisonment on each count, to run concurrently.
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Rex V Molahlehi Mahlalela (CRI/T/0062/2024) [2025] LSHC 16 (6 February 2025)
The High Court of Lesotho convicted the accused of culpable homicide after a guilty plea was accepted and imposed eight years’ imprisonment, suspended for three years.
Pakalitha Makhele & Ano. V The Magistrate, Qacha's Nek Magistrate Court, Mr Bale & 2 Others (CRI/REV/0117/2023) [2024] LSHC 60 (12 April 2024)
No procedural irregularities occurred in the trial court; applicants were properly informed of their rights, charges were explained, and sentences for two separate incidents were not a duplication. The review application is misconceived and dismissed.
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Muhammad Ashraf v Director of Public Prosecutions (C of A (CRI) 04/2023) [2023] LSCA 5 (17 November 2023)
The Court of Appeal has no jurisdiction to entertain an appeal against conviction or sentence from the Subordinate Court before the High Court has heard the matter, except on a point of law arising from the High Court's exercise of revisional jurisdiction. No point of law was raised; the appeal and application for leave to appeal are incompetent and must be struck off the roll.
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Rex V Lillo Pitiri (CRI/T/0077/2022) [2023] LSHC 129 (3 November 2023)
The High Court of Lesotho convicted a police officer of murder with dolus eventualis after circumstantial and ballistic evidence linked his service pistol to the shooting.
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