Constitution of Lesotho, 1993
Protection of the King and of certain persons in respect of legal proceedings
Status: in_forceRetrieved: 2026-08-18T07:53:58.473596+00:00Release: constitutions-global-20260821-v2
50. Protection of the King and of certain persons in respect of legal proceedings
(1) Whilst any person holds the office of King, he shall be entitled to immunity from suit
and legal process in any civil cause in respect of all things done or omitted to be done by
him in his private capacity and to immunity from criminal proceedings in respect of all
things done or omitted to be done by him either in his official capacity or in his private
capacity.
(2) Whilst any person exercises the functions of the office of King as Regent or by virtue
of a designation under section 45(3) of this constitution, no criminal proceedings shall be
instituted or continued against him in respect of anything done or omitted to be done by
him either in his official capacity or in his private capacity, and no civil proceedings shall
be instituted or continued in respect of which relief is claimed against him in respect of
anything done or omitted to be done by him in his private capacity.
(3) Where provision is made by law limiting the time within which proceedings of any
description may be brought against any person, the period during which that person has
held the office of King or exercise functions of the office of King shall not be taken into
account in calculating the period of time prescribed by that law which determines whether
any such proceedings as are mentioned in subsection (1) or (2), as the case may be, of
this section may be brought against that person.
(4) Where a debt or obligation is owing to any person as a result of anything done or
omitted to be done by the King, Regent or by a person designated to exercise the
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functions of the office of King during the absence or illness of the holder of that office or of
the Regent, in his private capacity, the person to whom the debt or obligation is owing
may lodge an application in writing to the Minister responsible for finance who, in his
absolute discretion, may, after consultation with the Attorney-General defray the debt or
make provision to satisfy the obligation out of the Civil List.
(5) Any civil right of action that the King, or any person exercising the functions of the
office of the King as Regent or by virtue of a designation under section 45(3) of this
Constitution, would have in his private capacity, shall vest in the Attorney-General who
may institute appropriate proceedings, and any proceedings therefrom shall be paid to
the King or, as the case may be, to the person exercising the functions of the office of the
King.
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Provenance
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