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Lesotho Case Law

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Criminal law [2024] LSCA 37

Malerato Khutlisi T/A Shelly Brown Car Wash V The Officer Commanding Counter Commercial Crime Unit & 4 Others (C of A (CIV) No 50/2024)

Malerato Khutlisi T/A Shelly Brown Car Wash V The Officer Commanding Counter Commercial Crime Unit & 4 Others (C of A (CIV) No 50/2024) [2024] LSCA 37 (1 November 2024)

Court
Court of Appeal
Case number
C of A (CIV) No 50/2024

The Lesotho Court of Appeal dismissed an appeal against a preservation order, holding that the exclusion application was late and rescission was not shown to be in the interests of justice.

  • Money laundering
  • Proceeds of crime
  • Preservation orders
  • Rescission
  • Exclusion of property
  • Preservation-orders
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Criminal procedure [2023] LSHC 201

Makhotso Mahosi V DCEO & 2 Others (CIV/APN/0004/2023)

Makhotso Mahosi V DCEO & 2 Others (CIV/APN/0004/2023) [2023] LSHC 201 (27 September 2023)

Court
High Court
Case number
CIV/APN/0004/2023

The High Court is not the proper forum to determine the admissibility of evidence, voluntariness of admissions, or lawfulness of the search and seizure in the context of a civil application. These are matters for the trial court, which can test the evidence and credibility of witnesses through cross-examination. The application is therefore dismissed.

Source excerpt

  • Search and seizure
  • Admissibility of evidence
  • Right to legal representation
  • Money laundering
  • Corruption
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Constitutional law [2023] LSHC 136

Setlojoane V COMPOL (CONST Case No 11 of 2021)

Setlojoane V COMPOL (CONST Case No 11 of 2021) [2023] LSHC 136 (14 September 2023)

Court
High Court
Case number
CONST Case No 11 of 2021

The High Court, sitting as a Constitutional Court, dismissed a challenge over police demands for client files and fees, holding that adequate trial remedies existed.

  • Lawyer-client privilege
  • Fair trial rights
  • Money laundering
  • Prosecutorial discretion
  • Abuse of process
  • Lawyer-client-privilege
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Banking law [2023] LSHC 132

Rampooana V The Fist National Bank of Lesotho (CCA/0073/2022)

Rampooana V The Fist National Bank of Lesotho (CCA/0073/2022) [2023] LSHC 132 (3 August 2023)

Court
High Court
Case number
CCA/0073/2022

The bank had no statutory or contractual authority to freeze the 1st applicant’s account or reverse the funds absent a court order; its obligations were limited to reporting suspicious transactions. The 3rd applicant had standing due to its interest in the funds, but the 2nd applicant did not.

Source excerpt

  • Money laundering
  • Bank account freezing
  • Locus standi
  • Declaratory orders
  • Interdicts
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Criminal law [2022] LSHC 129

The Curator Bonis: Estate Late Mookho Rafono-mojalefa Rafono N.O v Director of Public Prosecutions (CRI/A/0012/2022)

The Curator Bonis: Estate Late Mookho Rafono-mojalefa Rafono N.O v Director of Public Prosecutions (CRI/A/0012/2022) [2022] LSHC 129 (18 October 2022)

Court
High Court
Case number
CRI/A/0012/2022

The Magistrate properly found the property to be tainted based on evidence that it was purchased during the period of the alleged offence and was suspected to be proceeds of crime or used in the commission of the offence. The appellate court cannot entertain new grounds not raised in the lower court. The application for release of the property was properly dismissed.

Source excerpt

  • Tainted property
  • Seizure of property
  • Money laundering
  • Appeals procedure
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Criminal law [2020] LSHC 2

Directorate on Corruption and Economic Offences v SOBITA Investment (Pty) Ltd (CIV/APN 183 of 2020)

Directorate on Corruption and Economic Offences v SOBITA Investment (Pty) Ltd (CIV/APN 183 of 2020) [2020] LSHC 2 (15 December 2020)

Court
High Court
Case number
CIV/APN 183 of 2020

The DCEO failed to prove on a balance of probabilities that the procurement and financial irregularities, or alleged corruption, amounted to serious offences justifying forfeiture under the MLPCA. While Victoria Hotel was used to commit the offence of trading without a license, it is already state property and cannot be forfeited. Forfeiture of all proceeds without isolating those earned during the period of unlawful operation would be disproportionate and unconstitutional. The MLPCA applies retrospectively only in a procedural sense and does not impair vested rights. The application is dismi…

Source excerpt

  • Civil forfeiture
  • Money laundering
  • Procurement law
  • Corruption
  • Retrospectivity of statutes
  • Proportionality in forfeiture
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Criminal law [2020] LSHC 47

R v Lejone (CRI/T 10 of 19)

R v Lejone (CRI/T 10 of 19) [2020] LSHC 47 (29 October 2020)

Court
High Court
Case number
CRI/T 10 of 19

The High Court of Lesotho convicted the accused of fraud and money laundering after finding he underbanked employer cash and concealed the proceeds through businesses.

  • Fraud
  • Money laundering
  • Expert evidence
  • Burden of proof
  • Right to silence
  • Money-laundering
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Criminal law [2020] LSCA 6

The Star Décor Catering (Pty) Ltd v Counter Commercial Crime Unit (C of A (CIV) 13 of 2019)

The Star Décor Catering (Pty) Ltd v Counter Commercial Crime Unit (C of A (CIV) 13 of 2019) [2020] LSCA 6 (29 May 2020)

Court
Court of Appeal
Case number
C of A (CIV) 13 of 2019

The founding affidavit established reasonable grounds for the restraining order, and the law does not require that the person be charged before such an order is granted. The appellants' accounts were shown to have received tainted funds, and the statutory requirements for a restraining order were met.

Source excerpt

  • Money laundering
  • Proceeds of crime
  • Restraining orders
  • Freezing of bank accounts
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Criminal law [2019] LSCA 58

MF Petroleum (Pty) Ltd v Counter Commercial Cirme Unit (C of A (CIV) 14 of 2019)

MF Petroleum (Pty) Ltd v Counter Commercial Cirme Unit (C of A (CIV) 14 of 2019) [2019] LSCA 58 (1 November 2019)

Court
Court of Appeal
Case number
C of A (CIV) 14 of 2019

The Court of Appeal upheld a restraining order freezing bank accounts under the Money Laundering and Proceeds of Crime Act, despite the High Court giving no reasons.

  • Restraining orders
  • Money laundering
  • Proceeds of crime
  • Freezing of bank accounts
  • Judicial reasoning
  • Costs orders
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Criminal law [2019] LSCA 16

Sekoala v Directorate on Corruption & Economic Offences (C of A (CIV) 61 of 2017)

Sekoala v Directorate on Corruption & Economic Offences (C of A (CIV) 61 of 2017) [2019] LSCA 16 (1 February 2019)

Court
Court of Appeal
Case number
C of A (CIV) 61 of 2017

The Court of Appeal held that a preservation order over three vehicles had lapsed because notice was not published in the Gazette as required by statute.

  • Preservation of property order
  • Money laundering
  • Forfeiture proceedings
  • Statutory interpretation
  • Preservation-of-property-order
  • Money-laundering
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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.

Source links and collection timestamps are retained alongside the indexed records.