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

Citation: Khabanyane v Commissioner of Police and Others (CIV/T/254/2016) [2023] LSHC 211 (7 March 2023)
Media Neutral Citation: [2023] LSHC 211
Court: High Court
Case number: CIV/T/254/2016
Judges: Sakoane CJ
Judgment date: 7 March 2023
Language: English
Type: Judgment

Flynote: 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.

Loading PDF...

This document is 704.2 KB. Do you want to load it?

▲ To the top

1.	Hoohlo v Lesotho Electricity Company (C of A (CIV) 9 of 20) [2020] LSCA 23 (30 October 2020)	3 citations
2.	Tjela v Officer Commanding Mafeteng Police Station and Others (CIV/T 152 of 2016) [2020] LSHC 36 (4 November 2020)	2 citations
3.	Officer Commanding Mafeteng Police Station v Tjela (C of A (CIV) 45 of 2020) [2021] LSCA 23 (14 May 2021)	1 citation
4.	Ratia v Rantso and Another (CRI/REV 23 of 2019) [2019] LSHC 13 (11 September 2019)	1 citation

1.	Police Service Act, 1998	23 citations
2.	Criminal Procedure and Evidence Act, 1981	13 citations