CRI/A/35/81
IN THE HIGH COURT OF LESOTHO In the Appeal of :
ERNEST PHALE MOKOENA Appellant
vREX Respondent
REASONS FOR JUDGMENT
Filed by the Horn Mr. Justice F.X. Rooney on the 27th day of Oct., 1981.
Mr. Lenono for the Crown.
On the 12th December, 1980 the appellant was convicted by Mr. L.S. Mapetla of the offence of negligent driving. He was fined M50.00 or 5 months imprisonment in default of payment. The incident which gave rise to the complaint against the appellant occurred on the 16th October, 1980 on Kingsway, Maseru near the junction of Pioneer Road.
The appellant was preceeding down Kingsway in a westerly direction. There is provision for two lanes of traffic and the appellant was in the inner lane. While waiting at the traffic lights he decided to change into the left lane which appeared to him to be empty. . When he moved into that lane he was struck by the complainant's vehicle which was proceeding in the same direction.
In this Court the appellant submitted that as the lane was clear when he turned left into it, the complainant must have been driving at a terrific speed and that this was the cause of the accident. There was no evidence before the Subordinate Court which could support this contention. It is a rule of the road that the driver
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of a vehicle on a public road divided into traffic lanes shall not turn from one lane or across another lane unless he can do so without obstructing or endangering other traffic (Sec. 98(3) Road Traffic & Transport Order 1970). There was no merit in this appeal which was dismissed.
F.X. ROONEY JUDGE
27th October, 1981 .
Attorney for the Appellants In person Attorney for the Crown : Law Office.