C of
A(CIV)13 of l999

Lv d H
JJG* MMR

Khalapa v
Commissioner of Police and Attorney-General

The
appellant failed in the High Court to obtain an order extending the
period in which a claim may be made against the police in
terms of
section 60 of the Police Order, 1971 (as amended).

There are
three issues:

1. Whether
   a court can extend the time-bar of six months even after the period
   has expired.

   
   

2. Whether
   on the facts the appellant had shown good cause for an extension.

   
   

3. Whether,
   if the answer to (1) or (2) is in the negative, section 60 is
   unconstitutional because it infringes the right to a fair
   trial.

   
   

The
appeal succeeds, the Court of Appeal finds for the appellant on (1)
and (2). Accordingly (3) did not arise for determination.
In its
judgment, the Court of Appeal however called upon the
Attorney-General to examine the constitutionality of s.6 of the
Government
Proceedings and Contracts Act, 4 of 1965, and other
time-barring statutory provisions in Lesotho.

The
Registrar is directed to bring this judgment to the attention of the
Attorney-General and the Minister of Justice.