IN THE
HIGH COURT OF LESOTHO

In the
matter between:-

REX

and

NTSUBE
TEBOHO MOLIKENG

Review
Case No.22/07 In Maseru District

CR. No.
364/06 Review Order No3/2007

ORDER ON
REVIEW

1. The
   accused, a young mosotho adult of 24 years, appeared before Mrs
   Taole, a magistrate at the Maseru Subordinate Court facing
   a charge
   of contravening section 4(1) of the Sexual Offences Act No.3 of 2003
   it being alleged that he had forcibly and unlawfiilly
   engaged in a
   sexual act with one Selemeng Sesing at Ha Khabisi in the Maseru
   district.

   
   

2. The
   accused was not advised of his rights to legal representation in the
   face of what was a very serious charge. This is clear
   from the
   record. It reads cryptically:

   
   

"On 19/07/06 accused is before court. Matter proceeds. Plea: Not
Guilty."

2

The
charge had also not been explained to the accused.

3. At
   the end of the summary trial in which the complainant and two other
   witnesses had given evidence, the accused was found guilty
   as
   charged and sentenced to 8 years imprisonment without an option of a
   fine.

   
   

3. Without
   citing the plethora of authorities concerning the rights of the
   accused facing serious charges (see Phomolo Khutlisi vs
   Rex -
   1993-94 LLR (LR) 19 (CA) at 20 per Ackermann JA) a charge under the
   Sexual Offences Act is a serious indictment and it
   would be prudent
   to allocate such trial to magistrates with appropriate jurisdiction
   commensurate to the heavy penalties provided
   under PartVIII.

   
   

3. I am
   of the view that the/summary trial was not conducted fairly and I
   order that a trial de novo proceed before another magistrate
   with
   all speed.

   
   

SN PEETE

JUDGE

23rd
March 2007

CC: The
Director of Public Prosecutions

All Chief
Magistrates

All
Magistrates

All
Public Prosecutors

The
Magistrates — Maseru

The
Director of Prisons

O/C
Police - Maseru

O/C
Central Prison - Maseru

CID
Headquarters - Maseru