Administrative Law- when the Court may interfere with the DPP’s exercise of discretion or the lower Court’s discretion- The appellate Court will be slow to interfere with the exercise of discretion unless there is demonstrable irrationality- Such a challenge has to be done by notice of motion as these have to be review proceedings- appellant was not compliant with procedure, Section 59 of the Subordinate Court Order ought to have been specifically pleaded.- Appeal dismissed.
IN THE COURT OF APPEAL OF LESOTHO
HELD AT MASERU C OF A (CRI) 05/2021
In the matter between:
PITSO RAMOEPANE APPELLANT
THE CROWN 1ST RESPONDENT