Lesotho Case Law

Maieane Khaketla V COMPOL (CIV/T/0114/2017)

Maieane Khaketla V COMPOL (CIV/T/0114/2017) [2024] LSHC 133 (10 July 2024)

Court

High Court

Case number

CIV/T/0114/2017

The plaintiff’s arrest was lawful as he committed contempt of court in the presence of police, justifying arrest without a warrant under section 24(a) of the Criminal Procedure and Evidence Act. The manner of arrest was not wrongful as the plaintiff refused to comply voluntarily. The subsequent detention was also lawful, and the claims for damages and contumelia fail for lack of wrongfulness.

Source excerpt

• Unlawful arrest
• Detention
• Contempt of court
• Damages
• Police powers

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Issacs v Compol (CIV/T/293/2014)

Issacs v Compol (CIV/T/293/2014) [2023] LSHC 5 (7 February 2023)

Court

High Court

Case number

CIV/T/293/2014

The High Court of Lesotho found for the plaintiff, holding that police failed to justify his arrest and detention and awarding damages for assault and related harm.

• Assault by police
• Unlawful arrest
• Unlawful detention
• Damages
• Contumelia
• Personal integrity

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Jonas v The Commissioner of Police (C of A (CIV) 53 of 2019)

Jonas v The Commissioner of Police (C of A (CIV) 53 of 2019) [2020] LSCA 37 (30 October 2020)

Court

Court of Appeal

Case number

C of A (CIV) 53 of 2019

The Court of Appeal increased damages for unlawful arrest, detention and injuria, finding the High Court award too low in light of police misconduct.

• Unlawful arrest
• Unlawful detention
• Injuria
• Damages
• Condonation
• Judicial discretion

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Koeshe v The Commissioner of Police (CIV/T 264 of 13)

Koeshe v The Commissioner of Police (CIV/T 264 of 13) [2019] LSHC 17 (1 July 2019)

Court

High Court

Case number

CIV/T 264 of 13

The High Court of Lesotho found police unlawfully arrested, assaulted, and humiliated the plaintiff during a firearms search, awarding damages and costs.

• Unlawful arrest
• Assault
• Police brutality
• Damages
• Dignity
• Pain and suffering

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Makh'apha v The Commissioner of Police (CIV/T 130 of 13)

Makh'apha v The Commissioner of Police (CIV/T 130 of 13) [2018] LSHC 34 (15 November 2018)

Court

High Court

Case number

CIV/T 130 of 13

The High Court of Lesotho found that the plaintiff was assaulted and tortured by police in custody, making his arrest and detention unlawful and awarding damages.

• Unlawful arrest
• Unlawful detention
• Police brutality
• Damages
• Assault in custody
• Unlawful-arrest

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Makhaba v The Commissioner of Police (CIV/T 319 of 11)

Makhaba v The Commissioner of Police (CIV/T 319 of 11) [2017] LSHC 38 (14 November 2017)

Court

High Court

Case number

CIV/T 319 of 11

The High Court of Lesotho held that the plaintiff’s arrest and detention were unlawful and that he was assaulted in custody, awarding M50,000 in damages.

• Unlawful arrest
• Detention
• Assault
• Damages
• Dignity
• Unlawful-arrest

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Lesetla v Commissioner of Police and Another (C of A (CIV) 31 of 2014)

Lesetla v Commissioner of Police and Another (C of A (CIV) 31 of 2014) [2014] LSCA 45 (24 October 2014)

Court

Court of Appeal

Case number

C of A (CIV) 31 of 2014

The Court of Appeal set aside absolution from the instance and awarded the appellant M45,000 for unlawful search, arrest, detention, assault, and medical expenses.

• Unlawful arrest
• Unlawful detention
• Unlawful search
• Police brutality
• Damages
• Unlawful-arrest

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Lethole v Commissioner of Police and Others (CIV/T 4 of 2014)

Lethole v Commissioner of Police and Others (CIV/T 4 of 2014) [2014] LSHC 74 (12 August 2014)

Court

High Court

Case number

CIV/T 4 of 2014

The plaintiff's unchallenged evidence established assault, unlawful arrest, and detention by police officers acting within the scope of employment. The court awarded damages for pain and suffering, contumelia, unlawful arrest and detention, and medical expenses, but dismissed the claim for disfigurement due to lack of evidence.

Source excerpt

• Assault
• Damages
• Unlawful arrest
• Detention
• Contumelia

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Lori Ramashala v Makutle Makutle and Others (CIV/T 72 of 2011)

Lori Ramashala v Makutle Makutle and Others (CIV/T 72 of 2011) [2013] LSHC 51 (15 August 2013)

Court

High Court

Case number

CIV/T 72 of 2011

The High Court of Lesotho awarded damages for unlawful detention, assault and contumelia after finding police torture and overlong detention proved.

• Unlawful arrest
• Detention
• Assault
• Damages
• Police misconduct
• Unlawful-arrest

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Thabang Maketsi and Another v COMPOL and Another (CIV/T 550 of 2011)

Thabang Maketsi and Another v COMPOL and Another (CIV/T 550 of 2011) [2013] LSHC 32 (28 February 2013)

Court

High Court

Case number

CIV/T 550 of 2011

The police arrested and detained the plaintiffs without conducting their own investigation to establish reasonable grounds for suspicion as required by law, and denied them access to inform relatives, rendering the arrest and detention unlawful. However, as the plaintiffs did not specifically claim damages for unlawful arrest, the court could not grant such relief beyond what was pleaded.

Source excerpt

• Unlawful arrest
• Unlawful detention
• Damages
• Police powers
• Human rights

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