Criminal Law – General

Rex V Rapiletsa (CRI/T/0015/2020) [2022]LSHC 21 (22 March 2022);

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CRIMINAL LAW: murder and attempted murder-doctrine of common purpose part of our law- act of one perpetrator in committing a crime imputed on co-perpetrators as a matter of law- self-defence.

 

 

 

IN THE HIGH COURT OF LESOTHO

HELD AT MASERU

                                                                                        CRI/T/0015/20

In the matter between:

REX                                                                                 CROWN

AND

REENTSENG RAPILETSA                                       ACCUSED No.1

Rex V Mofana (CRI/T/0057/2008) [2022]LSHC 20 (20 April 2022);

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CRIMINAL LAW: Accused charged with murder- serious flaws in investigation of the case- circumstantial evidence leaving more than one possible inference- crown relied on hearsay admission made by another co-suspect-

 

 

 

IN THE HIGH COURT OF LESOTHO

HELD AT MASERU

                                                                                          CRI/T/0057/08

In the matter between:

REX                                                                              CROWN

AND

BOKANG MOFANA                                                         ACCUSED

 

Rex V Maqekoane (CRI/T/0008/2020) [2022]LSHC 19 (08 April 2022);

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CRIMINAL LAW: murder, attempted robbery, unlawful possession of firearm-accused raising alibi belatedly during  trial and bare denials to allegations linking them to the offences committed-evidence to be evaluated as whole not in isolation- circumstantial evidence proves that accused were at the scene and committed the offences-doctrine of common purpose.

 

 

IN THE HIGH COURT OF LESOTHO

HELD AT MASERU

                                                                                                 CRI/T/0008/20

In the matter between:

REX                                                                                 CROWN

AND

KHAFA MAQEKOANE                                             ACCUSED No.1

LEBOHANG TLHAKANELO MATSINYANE                ACCUSED No.2

Rex V Nthane (CRI/T/0009/2020) [2022]LSHC 18 (11 May 2022);

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CRIMINAL LAW: murder-application for discharge at close of prosecution- right to fair trial and right to be presumed innocent until proven guilty revisited and applied- discharge application granted and accused acquitted- inelegance in drafting of murder charges noted with dismay.

 

 

 

IN THE HIGH COURT OF LESOTHO

HELD AT MASERU

                                                                                       CRI/T/0009/20

In the matter between:

REX                                                                                  CROWN

AND

TS’ELISO NTHANE                                                         ACCUSED

 

Rex V Pheli & Ano. (CRI/T/0069/2018) [2022]LSHC 13 (07 March 2022);

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CRIMINAL LAW: Accused charged with murder- crown’s case by way of admitted statements including a confession and a post-mortem- no oral evidence- application for discharge in terms of S.175 (3) of the Criminal Procedure and Evidence Act No.9 of 1989 at the end of prosecution case dismissed- defence of provocation and self-defence- doctrine of common purpose- accused found guilty of murder with extenuating circumstances.

IN THE HIGH COURT OF LESOTHO

Held at Maseru

                                                                                                                        CRI/T/0069/18

In the matter between:

 

REX                                                                                                                            CROWN

 

And

 

Rex V Ralee (CRI/T/0050/2015) [2022]LSHC 07 (17 February 2022);

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CRIMINAL LAW: Murder- Accused charged with two counts of murder- raising defence of Insanity and failing to prove it on the balance of probabilities- Accused found guilty as charged of the two counts of murder- Accused raising a constitutional argument that there was trial unfairness owing to the fact that he was not assessed by an expert psychiatrist and forensic psychologist to determine the veracity of his defence of insanity- Held , in the circumstances of this case the State had provided the accused with adequate facilities for preparation of his defence.

Sentence- The court found the existence of extenuating circumstances- Accused accordingly sentenced to two life sentences.

 

 

 

 

IN THE HIGH COURT OF LESOTHO

 

HELD AT MASERU                                                        CRI/T/0050/2015

 

In the matter between:

 

REX

 

AND

 

RETHABILE RALEE                                                      ACCUSED

 

Neutral Citation: Rex v Rethabile Ralee (CRI/T/2015) [2021] LSHC 106 (01 OCTOBER 2021)

 

JUDGMENT

 

Rex V Biyo (CRI/T/480/2013) [2021]LSHC 64 (19 April 2021);

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IN THE HIGH COURT OF LESOTHO                    

HELD AT MASERU                                                       CRI/T/480/2013                                                    

In the matter between:                 

REX                                                                              CROWN

And

SEMPE BIYO                                                               ACCUSED

 

JUDGEMENT

 

Metsing V The Director of Public Prosecution (CIV/APN/425/2020) [2021]LSHC 44 (08 February 2021);

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Criminal procedure – joinder of accused in a pending trial – accused resisting joinder on basis that it is not in compliance with the procedure of committal for trial after holding of preparatory examination – decision to indict summarily challenged – whether the challenge can be brought before a non-trial judge – Constitution  1993, sections 12 (1) and 2 (c); Criminal Procedure and Evidence Act, 1981, sections 99, 119, 140, 144 and 160.

 

 

 

 

IN THE HIGH COURT OF LESOTHO

 

Held at Maseru

CIV/APN/425/2020

 

In the matter between:

 

 

MOTHEJOA METSING                                                 1ST APPLICANT

 

SELIBE MOCHOBOROANE                                          2ND APPLICANT

                            

 And

 

The Directorate on Corruption and Economic Offences V SOBITA Investment (Pty) Ltd (CIV/APN/183/2020) [2020] LSHC 2 (15 December 2020);

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CRIMINAL LAW: Civil forfeiture of assets; The DCEO had applied for Preservation and forfeiture of property which it alleges is an instrumentality of a serious offence and/or the proceeds of unlawful activities- principles involved articulated and applied- Application dismissed with costs.

 

 

IN THE HIGH COURT OF LESOTHO

 

HELD AT MASERU                                                                  CIV/APN/183/20

In the Matter between: -

 

THE DIRECTORATE ON CORRUPTION

AND ECONOMIC OFFENCES                                             APPLICANT                                            

AND

 

SOBITA INVESTMENTS (PTY) LTD                                   RESPONDENT

 

Rex v Phant'si (C of A (CRI-RESERVE) 1/2021) [2021] LSCA 6 (14 May 2021);

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Criminal law and procedure - Reservation of law in terms of 15(1) of the Court of Appeal Act No.10 of 1978 – Accused convicted at the end of the trial –Whether the decision of the Court of Appeal in Mohale and Another v Rex C of A (CRI) No 2 of 2005 is correct regard being had to the fact that, it is inconsistent with section 12(4) of the Constitution – Whether the relevant age for consideration for purposes of section 26 (1) of the Children’s Act , in light of section 12(4) of the Constitution is the age of the date of the commission of the crime and not the date of sentence.

 

IN THE COURT OF APPEAL OF LESOTHO

Held at Maseru

C OF A (CRI-RESERVE) 1/2021

CRI/T/58/2011

In the matter of:

 

REX                                                                      

 

Versus

 

MAPHALE PHANTŠI                                                  ACCUSED                           

 

CORAM:                  DR K.E. MOSITO P

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