Lesotho Case Law

Leutsoa v Director of Public Prosecutions

Leutsoa v Director of Public Prosecutions (CONSTITUTIONAL CASE 10 of 2019) [2020] LSHC 18 (10 September 2020)

Court

High Court

Case number

CONSTITUTIONAL CASE 10 of 2019

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.

Source excerpt

• Right to personal liberty
• Bail
• Presumption of innocence
• Pre-trial detention
• Constitutional validity of legislation
• Prison conditions

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Moeti v Director of Public Prosecution (CRI/APN 567 of 19)

Moeti v Director of Public Prosecution (CRI/APN 567 of 19) [2019] LSHC 48 (3 December 2019)

Court

High Court

Case number

CRI/APN 567 of 19

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.

• Bail
• Murder
• Right to liberty
• Pre-trial detention
• Pre-trial-detention
• Right-to-liberty

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Mochesane v The Director of Public Prosecutions (CRI/APN 602 of 17)

Mochesane v The Director of Public Prosecutions (CRI/APN 602 of 17) [2019] LSHC 25 (21 October 2019)

Court

High Court

Case number

CRI/APN 602 of 17

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.

• Bail
• Attempted murder
• Pre-trial detention
• Presumption of innocence
• Pre-trial-detention
• Attempted-murder

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Kumalo v Director of Public Prosecutions (CRI/APN 721 of 2)

Kumalo v Director of Public Prosecutions (CRI/APN 721 of 2) [2002] LSCA 103 (10 December 2002)

Court

Court of Appeal

Case number

CRI/APN 721 of 2

The applicant has discharged the onus of showing on a balance of probabilities that the interests of justice will not be prejudiced by his release on bail and that he will stand his trial; the prosecution failed to provide a factual basis for opposing bail.

Source excerpt

• Bail
• Murder
• Burden of proof
• Pre-trial detention

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Maboee v Director of Public Prosecutions (CRI/APN 597 of 98)

Maboee v Director of Public Prosecutions (CRI/APN 597 of 98) [1998] LSCA 104 (12 November 1998)

Court

Court of Appeal

Case number

CRI/APN 597 of 98

The court found that the prosecution's opposition to bail was based solely on the seriousness of the charge and speculative risk of absconding, without sufficient factual basis. The constitutional presumption of innocence and right to liberty require that bail be granted unless there is a demonstrable risk to the interests of justice. The court exercised its discretion to grant bail with stringent conditions to ensure the petitioner stands trial.

Source excerpt

• Bail
• Presumption of innocence
• Judicial discretion
• Murder
• Pre-trial detention

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Ngatane v Director of Public Prosecutions (CRI/APN 306 of 91)

Ngatane v Director of Public Prosecutions (CRI/APN 306 of 91) [1996] LSHC 81 (15 August 1996)

Court

High Court

Case number

CRI/APN 306 of 91

The High Court of Lesotho granted bail pending trial in an armed robbery case, finding the applicant was not shown to be a flight risk.

• Bail
• Pre-trial detention
• Absconding risk
• Affidavit evidence
• Pre-trial-detention
• Absconding-risk

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Tlahali and Another v Director of Public Prosecutions (CRI\APN\133\94; CRI\APN\171\94)

Tlahali and Another v Director of Public Prosecutions (CRI\APN\133\94; CRI\APN\171\94) [1994] LSCA 108 (16 June 1994)

Court

Court of Appeal

Case number

CRI\APN\133\94 ; CRI\APN\171\94

The High Court of Lesotho granted bail to two applicants facing serious criminal charges, imposing strict conditions including cash bail, surety, and weekly reporting.

• Bail
• Pre-trial detention
• Multiple charges
• Pre-trial-detention
• Criminal-procedure

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Ntene and Another v R (CRI/APN/186/90; CRI/APN/187/S0)

Ntene and Another v R (CRI/APN/186/90; CRI/APN/187/S0) [1990] LSCA 111 (12 July 1990)

Court

Court of Appeal

Case number

CRI/APN/186/90 ; CRI/APN/187/S0

The High Court of Lesotho refused bail to two robbery accused, citing the seriousness of the charge, likely conviction, and risk of absconding.

• Bail
• Robbery
• Pre-trial detention
• Pre-trial-detention

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Letsie v Director of Public Prosecutions (CRI/APN 101 of 90)

Letsie v Director of Public Prosecutions (CRI/APN 101 of 90) [1990] LSCA 69 (4 April 1990)

Court

Court of Appeal

Case number

CRI/APN 101 of 90

Given the seriousness of the charges, the risk of absconding, and the lack of extradition arrangements with South Africa, granting bail would pose an unwarranted risk to the administration of justice.

Source excerpt

• Bail
• Murder
• Attempted murder
• Pre-trial detention

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R v Nthafa and Another (CRI/APN 238 of 88)

R v Nthafa and Another (CRI/APN 238 of 88) [1988] LSCA 116 (29 July 1988)

Court

Court of Appeal

Case number

CRI/APN 238 of 88

The High Court of Lesotho granted bail to two murder accused, finding the Crown had not shown a strong case and that witness concerns could be addressed by strict conditions.

• Bail
• Murder
• Pre-trial detention
• Pre-trial-detention

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