CRI/APN/372/07

IN THE
HIGH COURT OF LESOTHO

In the
matter between:-

TANTU
PAKELA

and

DIRECTOR
OF PUBLIC PROSECUTIONS

JUDGMENT

(Reasons)

CORAM :
HON. MR JUSTICE S.N. PEETE

DATE :
17th AUGUST, 2007

1. This
bail application was opposed by the respondent.

2. The applicant is applying for bail and he was in custody facing
several counts of High Treason, Sedition, contravention of
section 12
of the Internal Security Act 1984 and section 183 of the Criminal
Procedure and Evidence Act 1981.

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3. The applicant is the seventh and last accused in the listed
persons in the "holding charge".

4. He was arrested by the police on the 18th July 2007 and taken for
remand on the 23rd July 2007.

5. It was common cause that on the 18th July 2007 applicant's
co-accused Lehloa Ramotso had applied for bail before my Sister

Hlajoane J who granted it subject to certain stringent conditions
(CRI/APN/341/07).

6. On the 27 July 2007 another co-accused (Accused No.6) one Thabiso
Tsosane applied for bail before my brother Nomngcongo J who
granted
bail on certain conditions (CRI/APN/341/07).

7. What is clear is that the applicant is facing exactly the same
(not similar) charges as the other two co-accused who have been

granted bail by the High Court upon certain conditions in order to
ensure their standing trial.

8. The applicant is the co-accused facing the same indictment and
there is no significant fact or reason to found a belief that
if this
applicant had applied for bail jointly with other co-accused either
on the 18th or 27th July 2007 he would not have been
granted bail.
There are no special reasons why the applicant should be treated
differently from his co-accused. He has established
his place of
abode; and in my view,

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the fact that he was once a member of the Lesotho Liberation Army
(now defunct) is not a fact that can cause him to abscond.

9. Under our law, accused who are jointly charged with a crime must
be treated equally unless the degrees of their complicity,

blameworthiness and special personal factors dictate otherwise.
Justice at all times must be administered equally to all as envisaged

under the "equality clause" of our Constitution (Section
19).

10. The Court must always strike a balance between the proper
administration of justice and the liberty - of the individual. The

seriousness of the charges which the accused are facing was a factor
certainly considered by the court in granting bail in the
two
previous applications.

11. In my view the interests of justice will be met if bail is
granted upon the following conditions :-

1. The
   applicant pay M5,000 bail deposit

   
   

2. Provide
   surety in the sum of M60,000.00 (not cash).

   
   

3. To
   surrender his passport to the Registrar of the High Court.

   
   

4. To
   report fortnightly on every alternate Friday between 8am and 4pm at
   Pitso Ground Police Station.

   
   

5. Not
   to interfere with crown witnesses.

   
   

6. To
   attend remands.

   
   

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7. To
   stand trial.

   
   

S.N.
PEETE

JUDGE

For
Applicant : Mr Mahlakeng

For Crown
: Mr Molyneaux