Criminal Law – General

The Curator Bonis: Estate Late Mookho Rafono-Mojalefa Rafono N.O V Director of Public Prosecutions (CRI/A/0012/2022) [2022] LSHC 129 (18 October 2022);

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Criminal appeal – Property of deceased seized by the Police in connection with commission of crime– Tainted property - Application for release of property dismissed by Court a quo –New issue being raised on appeal – Other grounds of appeal untenable- Appeal dismissed -  No order as to costs

 

 

 

IN THE HIGH COURT OF LESOTHO

                                               

                                                                                      CRI/A/0012/2022

                                                                                      CRI/MSU/0692/2022

 

HELD AT MASERU

 

In the matter between

 

THE CURATOR BONIS: ESTATE LATE

Khoache V The Magistrate for the District of Thaba-Tseka (CRI/REV/0018/2021) [2022] LSHC 107 (12 July 2022);

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Review of criminal proceedings of a Magistrate Court – Application not opposed – Failure by a magistrate to use a sworn interpreter in recording Sesotho proceedings in English - Failure by a magistrate to advice applicant of seriousness of the offence and possible penalty – Failure by a magistrate to advise applicant of the right to legal representation on date of trial – Applicant informed of the right to legal representation and the right to legal aid counsel upon arraignment– No allegation of prejudice or miscarriage of justice – Application dismissed.

 

 

 

 

 

IN THE HIGH COURT OF LESOTHO

 

HELD AT MASERU                                                    CRI/REV/0018/2021

 

In the matter between:-

 

NKOANE KHOACHE                                                 APPELLANT

 

AND                                                          

 

THE MAGISTRATE FOR THE DISTRICT                1ST RESPONDENT  

Rex V Koenyama (CRI/T/80/2011) [2022] LSHC 96 (07 February 2022);

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                                                                                                CRI/T//80/2011

 

IN THE HIGH COURT OF LESOTHO

 

HELD AT MASERU

 

In the matter between:-

 

REX

 

vs

 

KOENYAMA KOENYAMA

 

CORAM    :        HON. T. MATOOANE, A. J

 

Ts'ehla V His Worship (Mr. Tau) (CRI/REV/0006/2021) [2022] LSHC 85 (01 March 2022);

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Criminal law and procedure – Bail application – Refusal of same by Court – Accused rushing to High Court for review of such refusal of release on bail – The main criminal trial against the accused having not been prosecuted – Counsel for the applicant having not re-applied for release of his client after new circumstances had arisen – Conduct of the applicant’s counsel resulting in stalling the prosecution of the main trial – As a result the applicant is currently languishing in jail awaiting the final result of the review application – Court should strike a balance between protecting the liberty of the individual and safeguarding and ensuring the proper administration of justice.

 

 

IN THE HIGH COURT OF LESOTHO

 

 

HELD AT MASERU

                                                                                                            CRI/REV/0006/2021

                                                           

In the matter between:-                                                                      

 

KATLEHO  TS’EHLA                                                                    APPLICANT

 

AND

Thakalekena The Learned Magistrate His Worship Mr. Tsosane (CRI/REV/0019/2021) [2022]LSHC 41 (06 April 2022);

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Criminal procedure – Appeal – Failure of Magistrate to warn an unrepresented accused that he is facing a serious charge which is punishable by a hefty mandatory minimum sentence – Reviewable irregularity – Circumstances under which Magistrate may conduct proceedings and record evidence in English without assistance of a court interpreter.

 

 

IN THE HIGH COURT OF LESOTHO

Held at Maseru

                                                                                       CRI/REV/0019/2021

In the matter between:

BULANE THAKALEKENA                                        APPLICANT

And                                                                                                           

THE LEARNED MAGISTRATE –

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