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Lesotho decisions
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Mothusi Sello & 4 Others V Director of Public Prosecution (C of A (CRI) No 10/2024) [2024] LSCA 45 (1 November 2024)
The Court of Appeal of Lesotho dismissed a bail appeal in a common-purpose murder case, holding that the appellants failed to show exceptional circumstances.
Moabi Sesioana V Director of Public Prosecutions (CRI/T/228/2023) [2023] LSHC 209 (27 September 2023)
Bail was refused because the accused failed to show exceptional circumstances under section 109A of the Criminal Procedure and Evidence Act.
Ts'ehla v Tau (CRI/REV/0006/2021) [2022] LSHC 85 (1 March 2022)
The High Court dismissed a criminal review and stay application seeking release on bail, holding that there was no judgment to stay and the application was defective.
Leutsoa v Director of Public Prosecutions (CONSTITUTIONAL CASE 10 of 2019) [2020] LSHC 18 (10 September 2020)
Section 109A of the Criminal Procedure and Evidence (Amendment) Act No.10 of 2002, which requires accused persons charged with serious offences to show exceptional circumstances for bail, is a justified and proportionate limitation on the right to liberty. It is not arbitrary, does not amount to an outright prohibition of bail, and preserves judicial discretion. The provision withstands constitutional scrutiny. Complaints regarding prison conditions and treatment are not sufficiently supported by evidence and are more appropriately addressed under prison law or before the trial court.
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Thabane v Her Ladyship Maseforo Mahase ACJ (C of A (CRI REV) 2 of 20) [2020] LSCA 10 (29 May 2020)
The Court of Appeal set aside a High Court bail order in a murder case, holding the hearing was procedurally irregular and that an eyewitness applicant had standing.
Moeti v Director of Public Prosecution (CRI/APN 567 of 19) [2019] LSHC 48 (3 December 2019)
High Court of Lesotho bail ruling in a murder matter involving four LDF members. The court held that, at this stage, the interests of justice required bail to be denied.
Mochesane v The Director of Public Prosecutions (CRI/APN 602 of 17) [2019] LSHC 25 (21 October 2019)
High Court of Lesotho refused bail pending trial for attempted murder, holding that the seriousness of the charge and possible penalty outweighed the applicant’s liberty interests.
Moholobela v Director of Public Prosecution (CRI/T 150 of 18) [2018] LSHC 27 (16 April 2018)
The applicants are entitled to bail on the same terms as their co-accused because the principle of equality before the law, as enshrined in the Constitution, requires that similarly situated persons be treated equally, and the earlier grant of bail to a co-accused constitutes an exceptional circumstance justifying bail for the applicants.
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Phusumane v The Director of Public Prosecutions (CRI/APN 616 of 18) [2018] LSHC 21 (8 March 2018)
Bail was refused because the petitioner failed to provide a substantive response to the prima facie case against him, the offence was serious and committed under circumstances likely to shock the community, public confidence in the justice system would be undermined by his release, and there was insufficient expert evidence to support his claim that prison conditions could not manage his health.
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Chocha v Director of Public Prosecutions and Others (CRI/REV 43 of 2014) [2015] LSHC 18 (12 March 2015)
The High Court upheld cancellation of the accused’s bail, finding the magistrate was justified by repeated non-attendance and the risk of absconding.
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