Constitutional litigation – Fundamental human rights – Criminal procedure – Right of accused to a fair trial in terms of section 12 (1) (c) of the Constitution of Lesotho 1993 – Right of the accused to be given access to prosecution witness statements prior to trial – Where there is reasonable risk that disclosure might lead to injury or intimidation of witness or otherwise impede proper ends of justice, Court to exercise proper discretion in balancing accused’s needs for a fair trial against legitimate interests of State – Timing and manner of disclosure – Principle of constitutional avoidance and principle of adjudicative subsidiarity encapsulated in the proviso to section 22(2) of the Constitution discussed.
Constitutional Case No. 05/2018
IN THE HIGH COURT OF LESOTHO
(Exercising Constitutional Jurisdiction)
In the matter between:
PITSO RAMOEPANE APPLICANT
DIRECTOR OF PUBLIC PROSECUTIONS 1ST RESPONDENT
THE ATTORNEY GENERAL 2ND RESPONDENT