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Lesotho Case Law

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Criminal law [2019] LSHC 48

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)

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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Criminal law [2019] LSHC 13

Ratia v Rantso and Another (CRI/REV 23 of 2019)

Ratia v Rantso and Another (CRI/REV 23 of 2019) [2019] LSHC 13 (11 September 2019)

The applicant's remand in custody was unlawful as it was procured without a valid summons, in violation of statutory requirements and constitutional rights. The magistrate erred in refusing to entertain objections regarding the lawfulness of the remand, and the police acted outside their authority.

  • Remand in custody
  • Issuance and service of summons
  • Right to liberty
  • Police misconduct
  • Judicial review of remand
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Criminal law [2018] LSHC 21

Phusumane v The Director of Public Prosecutions (CRI/APN 616 of 18)

Phusumane v The Director of Public Prosecutions (CRI/APN 616 of 18) [2018] LSHC 21 (8 March 2018)

Bail was refused because the petitioner failed to provide a substantive response to the prima facie case against him, the offence was serious and committed under circumstances likely to shock the community, public confidence in the justice system would be undermined by his release, and there was insufficient expert evidence to support his claim that prison conditions could not manage his health.

  • Bail
  • Presumption of innocence
  • Attempted murder
  • Interest of justice
  • Right to liberty
  • Health grounds for bail
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Criminal law [2013] LSHC 35

Malehlohonolo Scott v DPP (CRI/APN 89 of 2013)

Malehlohonolo Scott v DPP (CRI/APN 89 of 2013) [2013] LSHC 35 (21 March 2013)

Bail was refused to an accused in a murder case after her co-accused escaped custody, with the court weighing liberty against public safety and administration of justice.

  • Bail
  • Right to liberty
  • Presumption of innocence
  • Administration of justice
  • Public safety
  • Right-to-liberty
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Constitutional law [2011] LSHC 122

Kopo and Another v Commander Lesotho Defence Force and Another (CIV/T 259 of 2008)

Kopo and Another v Commander Lesotho Defence Force and Another (CIV/T 259 of 2008) [2011] LSHC 122 (9 March 2011)

High Court of Lesotho damages award for unlawful arrest and detention, with liability admitted and quantum assessed for contumelia, dignity, and medical expenses.

  • Unlawful arrest
  • Unlawful detention
  • Contumelia
  • Damages
  • Impairment of dignity
  • Military conduct
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Criminal law [2000] LSCA 13

Mokeseng v Director of Public Prosecutions (CRI/APN 117 of 2000)

Mokeseng v Director of Public Prosecutions (CRI/APN 117 of 2000) [2000] LSCA 13 (20 March 2000)

The applicant's previous breach of bail conditions, lack of substantial ties to any permanent residence, unemployment, and the fact that he allegedly committed a second murder while on bail for a previous murder charge, demonstrate a high risk of absconding and likelihood of committing further offences. The interests of justice and protection of society outweigh the applicant's right to liberty. Bail is therefore refused.

  • Bail
  • Murder
  • Right to liberty
  • Breach of bail conditions
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Criminal law [1994] LSCA 35

Molapo v Officer Commanding (Maseru)(CID) and Another (CIV/APN 280 of 92)

Molapo v Officer Commanding (Maseru)(CID) and Another (CIV/APN 280 of 92) [1994] LSCA 35 (23 February 1994)

The court ordered police to release a seized car and passport after the criminal case was withdrawn, finding no lawful basis for continued detention.

  • Seizure of property
  • Right to liberty
  • Delay in criminal proceedings
  • Return of property
  • Bail
  • Due process
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