- 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.
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Cited documents 6
Judgment 4
- Hoohlo v Lesotho Electricity Company (C of A (CIV) 9 of 20) [2020] LSCA 23 (30 October 2020)
- Officer Commanding Mafeteng Police Station v Tjela (C of A (CIV) 45 of 2020) [2021] LSCA 23 (14 May 2021)
- Ratia v Rantso and Another (CRI/REV 23 of 2019) [2019] LSHC 13 (11 September 2019)
- Tjela v Officer Commanding Mafeteng Police Station and Others (CIV/T 152 of 2016) [2020] LSHC 36 (4 November 2020)