Constitutional Division - 2022 October

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2 judgments

Citation	Judgment date
October 2022
M K v Director of Public Prosecutions and Others (CONST 5 of 2020) [2022] LSHC 238 (25 October 2022)	25 October 2022
Christian Advocates and Ambassadors Association v Shao (Cons. No. 0018/2022) [2022] LSHC 131 (5 October 2022) SUMMARY CONSTITUTIONAL LAW: The applicants are challenging the candidacy of the 1st respondent to stand for election into the National Assembly on account of his non-compliance with section 58 (2) ( c) of the Constitution of Lesotho 1993- Held the threshold for proficiency in either official language is low, the law as it is framed does not require perfection but merely an ability to speak and write ‘well enough’ for him to be able to participate in the deliberations- Applicants not have made out a case for disqualification of the 1st respondent- Application accordingly dismissed except for a prayer which calls on Parliament to enact laws regulating citizenship matters in terms of Eighth Amendment to the Constitution Act 2018-Intemperate use language in affidavits- Counsel mulcted with costs de bonis proprii for allowing insulting and intemperate language to find its way into the affidavits.	5 October 2022