CRI/S/9/80
IN THE HIGH COURT OF LESOTHO
In the matter of:
REX
v
KEFUOE 'MAMPE MAKHAKHE
JUDGMENT
Delivered by the Hon. Chief Justice, Mr. Justice
T.S. Cotran on the 23rd day of February
1981

The accused before me had pleaded guilty (to a charge of
theft of a blouse a belt and pair of trousers) before a magistrate
of the 1st Class in Maseru on 5th March 1980, who committed her
for sentence to the High Court in terms of S.288A of the Criminal
Procedure and Evidence Proclamption. That was almost a year ago.
The accused, a young woman of 17, had 3 previous convictions,
one in 1978 for theft where her sentence was suspended, one in
1978 also for theft when she received six months imprisonment and
one in 1979, also for theft where she received one month
imprisonment.
These three previous convictions were not particularly
serious. The magistrate had more than adequate powers to punish
this young woman including of course her detention in a Juvenile
Training Centre under s.9(6) of the Prisons Proclamation. The
inordinate delay in bringing her up to the High Court was due to
the fact, so I was told, that the. Magistrate locked up the case
file in his chambers, and then proceeded on transfer taking the
keys with him. Well, if true, I think this is shocking.
The welfare officer in the Prisons Department says the
accused has been remanded for all this period in prison.
I think the interests of justice will be served if I pass
on her such a sentence, commencing from her committal, as would
enable the prisons authorities to release her today.
CHIEF JUSTICE
23rd February, 1981
For Crown,: No appearance
For Defence: Adv. Moorosi