SUMMARY: Appeal from Subordinate (Magistrate) court. Requirements of an interdict. Interpretation of Section 20(1) of the Road Traffic Regulations 2004. What constitutes a taxi rank?

SUMMARY

Review of decision of Magistrate joining the executor as plaintiff in ejectment proceedings – Overlap between review and appeal – Review of uncompleted proceedings - No gross irregularity alleged – No prejudice which could result in injustice – Main antagonists being siblings - No order as to costs.    

Review Application- Jurisdiction of the court- Effectiveness of judgements. Court to decline jurisdiction where its judgements are rendered ineffective. 

SUMMARY

Review – Applicant having been subjected to disciplinary hearing post letter of her resignation- resignation letter rejected for non-compliance with section 39(1) of Public Service Regulations-disciplinary proceedings interdicted in the interim. Whether Applicant properly resigned and whether the 2nd Respondent has a right to refuse applicant’s resignation- Held- letter of resignation constitutes final act of termination of employment contract-application succeeds with costs.

SUMMARY

Application for review - Of the decision by the Commander, Lesotho Defence Force to discharge the Applicant from the army in terms of  Section 31 of the Lesotho Defence Force Act, 1996 - Applicant further challenging the manner in which the summary trial was conducted - Complaining in essence of a breach of the fundamental right to a fair trial which included non - observance of the tenets of natural justice, discrimination, double jeopardy, charge not supported by evidence,  and a sentence disproportionate to the offence  - In a case where a member of the Defence Force had been convicted and sentenced following a summary trial and subsequent discharge from the army by the Commander - Court not discerning any irregularity in the manner in which the summary trial was conducted and finding the Commander to have acted within the purview of the Act.

Summary

Appeal against an order of magistrate releasing a motor vehicle seized in terms of section 14 of the Motor Vehicle Theft Act of 2000 - pre-conditions of release - whether lawful possession or ownership proved absent a written agreement of sale, transfer documents and registration documents-judgement of the court-a-quo insupportable - appeal upheld.

SUMMARY

High Court convicted appellants of assault with intent to cause grievous bodily harm where victim of assault died as a result of injuries from the assault; Court sentenced each appellant to fifteen years imprisonment;

Appellants initially appealed against sentence only; After Crown cross-appealed against verdict and asked Court to find appellants guilty of murder, appellants then appealed against conviction and sought acquittal of appellants;

Held the proper verdict was murder with constructive intent founded on the doctrine of common purpose; verdict accordingly altered;

Extenuating circumstances found to exist and after considering mitigating factors sentence reduced from fifteen years to ten years for each of the appellant

SUMMARY

Review proceedings – Applicant challenging review powers of Chief Magistrate, over small claims Court proceedings – Chief Magistrate not having reviewed or done anything in the original proceedings – The Court having found the proceedings to have been prematurely instituted.

Held: The rule nisi granted is discharged and the application dismissed with costs.

                                                   SUMMARY

CIVIL PRACTICE: Appeal against the decision of the Magistrates’ Court not to order the leading of viva voce evidence- principles applicable considered and applied- computer-generated evidence and considerations of the standard of proof.