Lesotho
Court of Appeal Act, 1978
Act 10 of 1978
- Published in Government Gazette
- Assented to on 6 September 1978
- Commenced on 15 September 1978
- [This is the version of this document from 15 September 1978.]
1. Short title
This Act may be cited as the Court of Appeal Act 1978.2. Interpretation
In this Act—"the Court" means the Court of Appeal;"judgment" means decree, order, conviction, sentence and decision.Part I – Constitution of Court
3. Continuation of existence of Court of Appeal
4. Appointment of Judges of Court of Appeal
5. Tenure of office of Judges of Court of Appeal
6. Composition of Court of Appeal
The Court shall, when determining any matter other than an interlocutory matter, be composed of an uneven number of judges, not being less than three.Part II – Criminal appeals
7. First appeals
8. Second appeals
9. Determination of appeal in ordinary cases
10. Powers of Court in special cases
11. Powers of the Court in relation to an order ancillary to conviction
Where the operation of any award or order of restitution or revesting of property and of any other award or order which is an award or order ancillary to conviction is suspended pending the determination of an appeal to the Court, the Court may by order annul or vary any such award or order although the conviction is not quashed and shall annul the award or order, if the conviction is quashed and the award or order if annulled, shall not take effect, and, if varied, shall take effect as so varied.12. Supplementary powers of Court
The Court may, if it thinks it necessary or expedient in the interests of justice—13. Stay of execution of sentence of death or corporal punishment
In the case of a sentence of death or of corporal punishment—14. Power to admit to bail and postpone fine
15. Case stated
Part III – Civil appeals
16. Right of appeal in civil cases
17. Right of appeal from decision of High Court in its civil appellate jurisdiction
Any person aggrieved by any judgment of the High Court in its civil appellate jurisdiction may appeal to the Court with the leave of the Court or upon the certificate of the Judge who heard the appeal on any ground of appeal which involves a question of law but not on a question of fact.18. Appeal in special cases
An appeal shall lie to the Court where provision is expressly made in any Act for such an appeal.19. Power to reserve questions of law for opinion of Court of Appeal
In addition and without prejudice to the right of appeal given by this or any other Act, a Judge of the High Court may reserve for consideration by the Court, on a case to be stated by him, any question of law which may arise on the trial of any suit or matter and may give any judgment subject to the opinion of the Court, and the Court shall have power to hear and determine every such question.Part IV – General
20. No appeal from Court of Appeal
Notwithstanding anything to the contrary in any other law there shall be no appeal from any judgment of the Court.21. Prerogative of mercy
In the exercise of His prerogative of mercy, the King may, on consideration of any petition for the exercise of His mercy, having reference to the conviction of a person by the High Court or to the sentence (other than sentence of death) passed on a person so convicted or, in the case of a person sentenced to death, on consideration of the record of the trial, either—22. Rules of Court
The President may make rules of court for any one or more of the following purposes—23. Repeals
The Court of Appeal Proclamation 1954 and Parts 1, 2 and 4 of the Court of Appeal and High Court Order 1970 are repealed.[order 17 of 1970]History of this document
15 September 1978 this version
Commenced
06 September 1978
Assented to
Cited documents 0
Documents citing this one 46
Judgment 45
- (C of A (CRI) 4 of 1980) [1981] LSCA 45 (3 July 1981)
- (C of A (CRI) 5 of 1979; C of A (CRI) 6 of 1979) [1981] LSCA 3 (12 January 1981)
- (C of A (CRI) 5 of 1981) [1981] LSCA 44 (30 June 1981)
- BP Lesotho (Pty) Ltd v Moloi and Another (C of A (CIV) 1 of 2006) [2006] LSCA 3 (11 April 2006)
- Capricons Consultants (Pty) Ltd v Butt Motors & Parts (Pty) Ltd (C of A (CIV) 39 of 2015) [2016] LSCA 7 (29 April 2016)
- Chaba-li-maketse Society v Sibeko (C of A (CIV) 50 of 2018) [2019] LSCA 26 (31 May 2019)
- Chen Yun Bo v Paballo Martin Theko and Others (C of A (CIV) 7 of 2014) [2014] LSCA 3 (17 April 2014)
- Chen Yun Bo v Paballo Martin Theko and Others (LAC/REV 8 of 13) [2014] LSLAC 1 (27 January 2014)
- Commander Lesotho Defence Force and Others v Mareka (C of A (CIV) 27 of 15) [2015] LSCA 23 (7 August 2015)
- Director General National Security Service v Lietsiso Mothala & Others (C of A (CIV) 31 of 2019) [2019] LSCA 43 (1 November 2019)
- Directorate on Corruption and Economic Affairs and Others v Dlamini (CIV/APN/297/2008; C OF A (CIV) 21/2009) [2009] LSCA 10 (23 October 2009)
- Fako v The Director of Public Prosecution (CRI/T 4 of 18) [2020] LSHC 20 (29 January 2020)
- First National Bank of Lesotho Limited v Lugy's Manufacturing (Pty) Ltd (C of A (CIV) 51 of 2019) [2019] LSCA 33 (11 November 2019)
- Koali v Nkosi (C of A (CIV) 19 of 94) [1994] LSCA 124 (28 July 1994)
- Lebona v Tseole (CIV/A 21 of 88) [1994] LSCA 37 (28 February 1994)
- Lenka v R (CRI/APN 197 of 89) [1989] LSCA 72 (27 June 1989)
- Lerata & Others v Scott Hospital (C of A (CIV) No.) [2002] LSCA 85 (1 June 2002)
- Lerata and Others v Scott Hospital (C of A (CIV) 38 of 95) [1996] LSCA 60 (1 June 1996)
- Lerotholi Polytechnic and Another v Lisene (LAC/CIV 5 of 2009) [2009] LSLAC 12 (10 August 2009)
- Lesotho Union OP Bank Employees v Standard Bank Limited (C of A (CIV) 13 of 1984) [1995] LSCA 25 (29 January 1995)
- Litsoane v Kabelo (C of A (CIV) 64 of 2014) [2015] LSCA 25 (7 August 2015)
- Mafeteng Property Group (Pty) Ltd v Radiopelo Maphathe (C of A No.12/2021) [2022] LSCA 6 (13 May 2022)
- Mahanetsa v Busstop Holdings (C of A (CIV) 40 of 2018) [2019] LSCA 23 (1 February 2019)
- Makhanya v Pheko (CIV/T 313 of 2011) [2012] LSHC 65 (9 November 2012)
- Malataliana v Director of Public Prosecutions (C of A (CRI) 4 of 20) [2020] LSCA 50 (30 October 2020)
- Manyokole v The Prime Minister (C of A (CIV) 15 of 2021) [2021] LSCA 9 (14 May 2021)
- Mapiloko v Pioneer Seed RSA (Pty) Ltd and Others (LAC/APN 8 of 8) [2009] LSLAC 2 (26 January 2009)
- Maputsoe Properties and Others v Mamatlakala Maphisa and Others (CIV/T 136 of 2006) [2012] LSHC 87 (2 August 2012)
- Masaile v Masaile (CRI/T 26 of 85) [1989] LSCA 73 (28 June 1989)
- Minister of Labour and Employment and Others v Ts'euoa (C of A (CIV) 1 of 2008) [2008] LSCA 5 (11 April 2008)
- Mofomane v Mofomane (C of A (CIV) 44 of 2018) [2019] LSCA 8 (31 May 2019)
- Mohale v Mahao (C of A (CIV) 22 of 2004) [2005] LSCA 10 (20 April 2005)
- Mohaleroe Sello & CO v Mphanya (C of A (CIV) 35 of 1995) [1996] LSCA 9 (19 January 1996)
- Moliko and Another v Director of Public Prosecutions (CRI/REV 10 of 2013) [2014] LSHC 75 (29 April 2014)
- Molise v Rex (C of A (CRI) 5 of 14) [2019] LSCA 59 (1 November 2019)
- Motoko and 4 others V The Prime Minister of Lesotho (CIV/APN/0055B/2023) [2023] LSHC 251 (29 December 2023)
- Ntoetsi Tau-Tona v 'Maphoka Ramoea & 3 Ors (C OF A (CIV) 23/2023) [2023] LSCA 12 (17 November 2023)
- Putscane v Lekatsu (C of A (CIV) 16 of 1990) [1991] LSCA 2 (26 July 1991)
- Putscane v Lekatsu (C of A (CIV) 16 of 1990) [1991] LSCA 90 (26 July 1991)
- R v Lebina & Another (7 of 2001) [2002] LSCA 134 (11 October 2002)
- R v Paseka (C of A (CRI) 11 of 2005) [2006] LSCA 5 (11 April 2006)
- R v Sopeng (CRI/APN 58 of 83) [1983] LSCA 120 (16 December 1983)
- Rakometsi v Rakometsi (C of A (CIV) 27 of 5) [2006] LSCA 23 (20 October 2006)
- Rex v Phantši (C of A (CRI-RESERVE) 1 of 2021) [2021] LSCA 6 (14 May 2021)
- Surties Investment v Ministry of Health (CCT 122 of 2013) [2017] LSHC 15 (28 September 2017)