CRI/S/1/00 CRI/556/99

IN THE HIGH COURT OF LESOTHO
In the matter
between:-

REX

vs

LEKAKE RAMOSIE RALECHATE KHOELE

ORDER

Delivered by the Honourable Mr Justice S.N. Peete on the
17^th April, 2001

The Accused had been committed to this court for
sentence in terms Section 293 (1) of Criminal Procedure and Evidence
Act No.9 of
1981.

On the 28^th December 2000, the Court having
heard Ms Makoko for the crown and Mr Maieane for the accused, and
having perused the record ordered
as follows:-

"It is clear that when first remanded on 30/4/99
the accused were released on bail and advised by the remanding
magistrate Mr
Chobokoane of their right to seek legal representation.
But on the day of trial Mrs Pinda-Setsabi the trial magistrate seems
ex facie
the record to have made no inquiry into the issue of legal
representation. This was important in view of the seriousness of the
offence
and potential punishment under sec. 297 of the CPE (Phomolo
Khutlisi vs Rex 1993 LLR 19 at 21 per Ackermann J.A).

In these circumstances, conviction is quashed and a de
novo trial on the same charge is to be instituted (sic-within 30
days) before
a Senior Magistrate. The presiding Magistrate shall
decide the issue of bail if applied for. The charge of rape still
stands."

-2-

See Hlalele & Another vs DPP - C.of A. (CRI)No.l2 of
2000 (delivered by Steyn P. on 12^th April 2001.)

S.N. PEETE JUDGE