Khabanyane v Commissioner of Police and Others (CIV/T/254/2016) [2023] LSHC 211 (7 March 2023)

Delict - claim for damages for assault by the police - police assaulting plaintiff at his home - plaintiff neither suspected of committing any offence nor charged - assault immediately reported to superiors but no action taken - duty of Commissioner of Police, Director of Public Prosecutions and Attorney General to protect the rule oflaw - systemic and institutional weaknesses affecting effective investigation and prosecution of cases of police brutality - constraints in pursuing compensation in criminal proceedings - determination of award of damages in accordance with pattern of previous awards - imperative to reform the police service in order to curb police brutality - Constitution of Lesotho, 1993 section 11; Criminal Procedure And Evidence Act, 1981 sections 39, 40, 321; Inquests Proclamation, 1954 sections 6 (f), 17; Penal Code, 2010 section 31 (2); Police Service Act, 1998 section 22.

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