CRI/A/35/81

IN THE HIGH COURT OF LESOTHO
In the Appeal of
:

ERNEST PHALE MOKOENA Appellant

v
REX 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

2/ of a vehicle ..

- 2 -

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.