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Lesotho Case Law

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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)

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
  • Criminal-procedure
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Criminal-law [2022] LSCA 23

Director of Public Prosecutions v Kamoli (C of A No. 02/2022)

Director of Public Prosecutions v Kamoli (C of A No. 02/2022) [2022] LSCA 23 (13 May 2022)

The Court of Appeal set aside sanctions against lead prosecutor Shaun Abrahams and held the Chief Justice should have recused himself from the criminal trial.

  • Recusal-of-judge
  • Prosecutorial-powers
  • Speedy-court-trials-act
  • Right-to-fair-trial
  • Judicial-impartiality
  • Criminal-appeal
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Criminal-law [2019] LSHC 26

R v Ramoepana (CRI/T 32 of 18)

R v Ramoepana (CRI/T 32 of 18) [2019] LSHC 26 (10 December 2019)

The High Court of Lesotho granted the Crown’s pre-plea withdrawal of a murder indictment and held that no acquittal or reasons were required under section 278(3).

  • Withdrawal-of-charges
  • Prosecutorial-discretion
  • Right-to-fair-trial
  • Remuneration-of-pro-deo-counsel
  • Fair-trial-rights
  • Pro-deo-counsel
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Constitutional-law [2018] LSHC 19

Senatla v Minister of Law & Constitutional Affairs|Khetheng v Minister of Law and Constitutional Affairs

Senatla v Minister of Law & Constitutional Affairs|Khetheng v Minister of Law and Constitutional Affairs (CONSTITUTIONAL CASE 27) [2018] LSHC 19 (22 November 2018)

The court held Clause 10 of the memorandum unconstitutional because it interfered with prosecutorial powers and conflicted with constitutional protections.

  • Constitutionality-of-executive-actions
  • Suspension-of-criminal-proceedings
  • Powers-of-director-of-public-prosecutions
  • Discrimination
  • Constitutional-law
  • Criminal-procedure
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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 140

Tekesela v Director of Public Prosecutions (CRI/APN 731 of 2)

Tekesela v Director of Public Prosecutions (CRI/APN 731 of 2) [2002] LSCA 140 (27 September 2002)

Bail application dismissed where the accused failed to show exceptional circumstances under the amended Criminal Procedure and Evidence Act for robbery involving a firearm.

  • Bail
  • Robbery
  • Stocktheft
  • Use-of-firearm
  • Exceptional-circumstances
  • Firearm-offences
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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.