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Lesotho Case Law

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Labour law [2011] LSLAC 7

Ramakoli v Security Lesotho (Pty) Ltd (LAC/CIV/A 10 of 9)

Ramakoli v Security Lesotho (Pty) Ltd (LAC/CIV/A 10 of 9) [2011] LSLAC 7 (30 June 2011)

The Labour Appeal Court held that the Labour Court wrongly interfered with an arbitrator’s credibility finding in an insubordination dismissal dispute.

  • Insubordination
  • Review of arbitration awards
  • Credibility of witnesses
  • Employment misconduct
  • Labour-law
  • Arbitration-review
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Criminal law [1995] LSCA 4

R v Ntsokolo (C of A (CIV) 1 of 1994)

R v Ntsokolo (C of A (CIV) 1 of 1994) [1995] LSCA 4 (1 January 1995)

The Court of Appeal set aside a murder conviction, finding the evidence did not prove intent to kill or criminal liability for the deceased’s death.

  • Murder
  • Assault with intent to do grievous bodily harm
  • Common purpose
  • Causation
  • Credibility of witnesses
  • Criminal-law
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Criminal law [1991] LSCA 40

R v Api and Others (CRI/T 24 of 90)

R v Api and Others (CRI/T 24 of 90) [1991] LSCA 40 (10 April 1991)

The court acquitted three accused of murder after finding the Crown had not proved guilt beyond reasonable doubt. It treated accomplice and child evidence cautiously.

  • Murder
  • Ritual killing
  • Accomplice evidence
  • Burden of proof
  • Credibility of witnesses
  • Accomplice-evidence
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Criminal law [1990] LSCA 193

R v Mohola (CRI/T 58 of 90)

R v Mohola (CRI/T 58 of 90) [1990] LSCA 193 (14 December 1990)

The court found that the accused intentionally and unlawfully killed the deceased, Motlatsi Mahomo, by stabbing him in the chest with a knife, causing fatal injuries. The accused's version was rejected as false beyond reasonable doubt. The evidence of P.W.2 was credible and supported by circumstantial and medical evidence. The accused's conduct and statements demonstrated intent to kill. Extenuating circumstances were found due to intoxication, but this did not significantly reduce his moral blameworthiness.

  • Murder
  • Extenuating circumstances
  • Intoxication
  • Intent
  • Credibility of witnesses
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Criminal law [1990] LSCA 165

R v Bereng (CRI/T 34 of 89)

R v Bereng (CRI/T 34 of 89) [1990] LSCA 165 (26 October 1990)

The court found that the prosecution failed to prove its case beyond reasonable doubt, as the accused's version of events was reasonably possibly true, particularly given the unreliability and dishonesty of the Crown witnesses and the physical evidence supporting the accused's account of self-defence.

  • Murder
  • Self-defence
  • Burden of proof
  • Credibility of witnesses
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Criminal law [1990] LSCA 126

Motsoene v R (CRI/A 84 of 86)

Motsoene v R (CRI/A 84 of 86) [1990] LSCA 126 (8 August 1990)

The High Court of Lesotho dismissed a criminal appeal against a theft conviction for 27 bags of government beans, holding that intent to steal and delivery were proved.

  • Theft
  • Animus furandi
  • Credibility of witnesses
  • Distribution of government property
  • Sentencing
  • Criminal-appeal
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Criminal law [1990] LSCA 122

Ralengana v R (C of A (CRI) 6 of 1989)

Ralengana v R (C of A (CRI) 6 of 1989) [1990] LSCA 122 (27 July 1990)

The Court of Appeal upheld an armed robbery conviction, finding the appellant was reliably identified and that corroborating evidence supported the trial court’s findings.

  • Armed robbery
  • Identification evidence
  • Corroboration
  • Credibility of witnesses
  • Criminal-law
  • Armed-robbery
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Criminal law [1989] LSCA 29

Moeketsi v R (CRI/A 18 of 87)

Moeketsi v R (CRI/A 18 of 87) [1989] LSCA 29 (17 March 1989)

The appeal against a theft conviction for 23 sheep was dismissed. The court held that, despite a misdirection on judicial notice, the evidence supported conviction.

  • Theft
  • Identification of property
  • Credibility of witnesses
  • Procedural irregularity
  • Criminal-law
  • Evidence
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Criminal law [1986] LSCA 104

R v Tlali (C of A (CRI) 3 of 1985)

R v Tlali (C of A (CRI) 3 of 1985) [1986] LSCA 104 (25 July 1986)

The Court of Appeal upheld Tlali’s conviction for murder with extenuating circumstances, finding he knowingly joined a murderous assault and did not dissociate himself.

  • Murder
  • Common purpose
  • Credibility of witnesses
  • Extenuating circumstances
  • Criminal-law
  • Common-purpose
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Criminal law [1986] LSCA 67

R v Mothea (CRI/A 8 of 86)

R v Mothea (CRI/A 8 of 86) [1986] LSCA 67 (2 June 1986)

The court dismissed an appeal against an attempted murder conviction and 18-month sentence after finding the appellant fired at the complainants with intent to kill.

  • Attempted murder
  • Use of firearms
  • Credibility of witnesses
  • Appeals against conviction and sentence
  • Attempted-murder
  • Criminal-appeal
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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.