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Lesotho Case Law

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Criminal law [2012] LSCA 37

R v Motsamai (C of A (CRI) 5 of 2012)

R v Motsamai (C of A (CRI) 5 of 2012) [2012] LSCA 37 (19 October 2012)

The Court of Appeal of Lesotho upheld a bribery conviction against a public prosecutor, finding the Crown evidence sufficient and the accused’s silence damaging.

  • Bribery
  • Public officer misconduct
  • Burden of proof
  • Right to silence
  • Criminal-appeal
  • Right-to-silence
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Criminal law [2012] LSHC 45

R v Chefa (CR 815 of 7)

R v Chefa (CR 815 of 7) [2012] LSHC 45 (22 May 2012)

The High Court of Lesotho dismissed a criminal appeal, holding that the appellant’s conduct and silence supported conviction for bribery on common purpose.

  • Bribery
  • Common purpose
  • Criminal procedure
  • Adverse inference from silence
  • Common-purpose
  • Criminal-appeal
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Criminal law [2012] LSCA 9

Millenium Travel And Tours (Pty) Ltd and Another v The Crown (C of A (CRI) 7 of 2011)

Millenium Travel And Tours (Pty) Ltd and Another v The Crown (C of A (CRI) 7 of 2011) [2012] LSCA 9 (27 April 2012)

The appellants misrepresented ticket costs to the government, inducing payment of inflated amounts, and dishonestly under-declared taxable income. Payments to officials were not genuine loans but corrupt bribes. The trial court's acquittal on bribery counts and sentences imposed on the second appellant were incorrect and must be set aside. Custodial sentences and substantial fines are warranted to disgorge criminal proceeds and reflect the seriousness of fraud and bribery.

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Criminal law [2009] LSCA 5

Mochebelele and Another v C (C of A (CRI) 1 of 2009)

Mochebelele and Another v C (C of A (CRI) 1 of 2009) [2009] LSCA 5 (9 April 2009)

The applicants failed to provide prima facie acceptable evidence that the key witness was untruthful in a material respect or that he was willing to retract material aspects of his evidence. The requirements for reopening a concluded trial, as set out in S v De Jager, were not satisfied. The application was based on speculation rather than substance.

  • Bribery
  • Reopening of trial
  • Admissibility of new evidence
  • Witness credibility
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Criminal law [2008] LSCA 30

R v Mochebelele and Another (C of A (CRI) 2 of 8)

R v Mochebelele and Another (C of A (CRI) 2 of 8) [2008] LSCA 30 (17 October 2008)

The documentary evidence was admissible as executive statements in furtherance of a common corrupt purpose, and together with the corroborated accomplice evidence, established beyond reasonable doubt that the respondents received bribes from Lahmeyer. The trial court erred in excluding the documents and in its assessment of the evidence. The acquittal was set aside and substituted with a conviction.

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Criminal law [2007] LSCA 15

Mahase v Director of Public Prosecutions (C of A (CRI) 11 of 2006)

Mahase v Director of Public Prosecutions (C of A (CRI) 11 of 2006) [2007] LSCA 15 (24 October 2007)

The Court of Appeal of Lesotho upheld a bribery conviction and six-year sentence, finding the appellant’s explanations false and the payments to be bribes.

  • Bribery
  • Corruption
  • Sentencing
  • Public officer misconduct
  • Criminal-appeal
  • Public-official-misconduct
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Criminal law [2007] LSCA 12

Millennium Travel and Tours and Others v Director of Public prosecutions (C of A (CRI) 15 of 6)

Millennium Travel and Tours and Others v Director of Public prosecutions (C of A (CRI) 15 of 6) [2007] LSCA 12 (4 April 2007)

The Court of Appeal held that a pre-trial challenge to prosecutorial discretion was not appealable, and that retaining outside counsel under section 6(2) was constitutional.

  • Fraud
  • Bribery
  • Prosecutorial discretion
  • Delegation of prosecutorial powers
  • Constitutional interpretation
  • Criminal-procedure
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Criminal law [2002] LSCA 121

R v Letsie (CRI/T 3 of 2001)

R v Letsie (CRI/T 3 of 2001) [2002] LSCA 121 (29 October 2002)

A public prosecutor was convicted of bribery after the court found she agreed to accept M500 to stop prosecuting a detainee’s third case.

  • Bribery
  • Corruption
  • Public officer misconduct
  • Criminal procedure
  • Public-official-misconduct
  • Criminal-procedure
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Criminal law [2002] LSCA 2

R v Acres International Limited Ruling at Close of Crown Case (CRI/T 2 of 2002)

R v Acres International Limited Ruling at Close of Crown Case (CRI/T 2 of 2002) [2002] LSCA 2 (18 April 2002)

The application for discharge is refused because the evidence led by the prosecution is such that a reasonable court might convict; therefore, the accused must be called upon to answer the charges.

  • Bribery
  • No case to answer
  • Discharge at close of prosecution case
  • Role of assessors
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Criminal law [2001] LSCA 20

R v Sole & Others (CRI/T 111 of 99)

R v Sole & Others (CRI/T 111 of 99) [2001] LSCA 20 (13 March 2001)

The court held that the Crown did not have to plead specific acts or omissions by the accused where those particulars were unknown in a bribery indictment.

  • Bribery
  • Indictment particulars
  • Jurisdiction
  • Criminal-law
  • Indictment-particulars
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About this LexChat collection

Lesotho decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.