IN THE COURT OF APPEAL OF LESOTHO
In Sundry Matters Called on 22 January, 1990
Held at Maseru
Coram: Schutz. P.
Plewman, J.A. Ackermann, J.A.
Schutz P.
ORDERS
The matters in which orders need to be made will now be dealt with, and the forms of orders in those cases are set out below.
1. (CRI) 1 of 1985 T. Lepeli v Rex
(a) The Director of Pulbic Prosecutions is to
report on whether the appellant wishes to proceed with his appeal.
If he does the appellant is to bring a
condonation application which will be
set down together with the appeal.If the tapes for preparing a record are
not available a record is to be prepared
/in accordance ...
- 2 -
in accordance with the principles set out in Phasumane and Others v Rex F. of A. (CRI) 2 of 1985.
The record is to be prepared by 11 May
1990.If the appellant is not able to afford
a record the Registrar is to waive the
prescribed fee provided for in C. of
A. Rule 3(10).If the appellant requires the services
of pro deo counsel, the Registrar to
appoint one.The Registrar is to determine by enquiry
of the appellant whether or not the relief
sought in (e) and (f) is required and is
to make the appropriate appointment by 15 May 1990.
2. (CRI) 1 OF 1986 Lesole Mashaile, Thabo Mosuoe
and Mosuoe Mosuoe v Rex
(a) If the tapes for preparing a record are not available a record is to be prepared in accordance with the principles set out in Phasumane and Others v Rex C. of A. (CRI) 2 of 1985.
/(b) ...
- 3 -
The Record is to be prepared by 11 May 1990.
If the appellant is not able to afford a
record the Registrar is to waive the
prescribed fee provided for in C. of A.
3(10).If the appellant required the services of
pro deo counsel, the Registrar is to
appoint one.The Registrar is to determine by enquiry
of the appellant whether or not the relief
sought in 2(c) and (d) is required and is
to make the appropriate appointment by 15
May 1990.
3. (CRI) 2 of 1986 Motlomelo Makoae v Rex
If the tapes for preparing a record are
not available a record is to be prepared
in accordance with the principles set out
in Phasumane and Others v Rex C. of A.
(CRI) 2 of 1985.The record is to be prepared by 11 May
1990.
If the appellant is not able to afford
/a record ...
- 4 -
a record the Registrar is to waive the prescribed fee provided for in C. of A. Rule 3(10).
If the appellant requires the services of
pro deo counsel, the Registrar is to
appoint one.The Registrar is to determine by enquiry
of the appellant whether or not the
relief sought in (c) and (d) is required
and to make the appropriate appointment by
15 May 1990.
4. (CRI) 5 of 1986 M. Mabope, Makhetha, Mojalefa
Mpota and Sempe Tau v Rex
The four appellants are to be supplied
with records for which they have already
paid.The record is to be prepared by 11 May
1990.
5. (CRI) 1 of 1987 Matlaselo Molapo v Rex
(a) The record is to be prepared by 11 May 1990.
/If the ...
- 5 -
(b) If the appellant is not able to afford a record the Registrar is to waive the prescribed fee provided for in C. of A. Rule 3(10).
6. (CRI) 3 of 1988 D,P.P. v Lesesa Lethunya
(a) If the tapes for preparing a record are
not available a record is to be prepared
in accordance with the principles set
out in Phasumane and Others v Rex C. of A. (CRI) 2 of 1985.
If the appellant is not able to afford
a record the Registrar is to waive the
prescribed fee provided for in C. of A.
Rule 3(10).The Registrar is to report on the state
of the record on 15 May 1990 unless it
has been prepared by then.
9. (CRI) 9 of 1988 Reentseng Bereng and Another v Rex
(a) If the tapes for preparing a record are not available a record is to be prepared in accordance with the principles set out in Phasumane and Others v Rex C. of A. (CRI) 2 of 1985.
/(b) If the ...
- 6 -
If the appellant is not able to afford
a record the Registrar is to waive the
prescribed fee provided for in C. of A.
Rule 3(10).The Registrar is to report on the state
of the record on 15 May 1990 unless it
has been prepared by then.
10. General
The date of the next session, and the names of the cases to be set down at it will be decided by the
President.
Signed
W. P. Schutz
PRESIDENT
I agree Signed:
C. Plewman
JUDGE OF APPEAL
I agree Signed:
L. W. H. Ackermann
JUDGE OF APPEAL
Delivered at MASERU this day of January, 1990.
For the Crown : Mr. S. Mdhluli
For appellants, or respondents
In D.P.P. appeals : Multiple as also persons
in person.