Human Rights

Leutsoa v The Director of Public Prosecutions (CC 10/2019) [2020] LSHC 18 (10 September 2020);

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Human rights - Right to personal liberty - presumption of innocence and pre-trial detention - constitutional validity of section 109A of the Criminal Procedure and Evidence (amendment) Act No.10 of 2002 requiring the accused person to show exceptional circumstances which in the interest of justice permit his release from detention - whether the limitation constitutes a radical encroachment upon the right to personal liberty -Section 109A certainly has the effect of limiting the suspects’ right to personal liberty - it does not however prohibit release on bail but only restricts it in serious offences - it is thus a justified limitation in a democratic society.

Section 6(5) of the Constitution - a person arrested on the basis of a reasonable suspicion of having committed an offence must be brought to trial within a reasonable time - what constitutes - guiding principles stated.

Human rights - Right to personal liberty - presumption of innocence and pre-trial detention - constitutional validity of section 109A of the Criminal Procedure and Evidence (amendment) Act No.10 of 2002 requiring the accused person to show exceptional circumstances which in the interest of justice permit his release from detention - whether the limitation constitutes a radical encroachment upon the right to personal liberty -Section 109A certainly has the effect of limiting the suspects’ right to personal liberty - it does not however prohibit release on bail but only restricts it in serious offences - it is thus a justified limitation in a democratic society.

Section 6(5) of the Constitution - a person arrested on the basis of a reasonable suspicion of having committed an offence must be brought to trial within a reasonable time - what constitutes - guiding principles stated.

 

IN THE HIGH COURT OF LESOTHO

(Constitutional Jurisdiction)

 

HELD AT MASERU

                                                                        CC/10/2019        

In the matter between

MOTSIELOA LEUTSOA                                        1st APPLICANT

TS’ITSO RAMOHOLI                                          2nd APPLICANT

 

And