THE KINGDOM OF LESOTHO COMBINED SECOND TO EIGHTH PERIODIC REPORT UNDER THE AFRICAN
CHARTER ON HUMAN AND PEOPLES’ RIGHTS AND INITIAL REPORT UNDER THE PROTOCOL TO THE
AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA
several cases in which relatives sought orders for the Court to direct that the whereabouts
of their relatives be disclosed either by the police or the army and that they be produced
in court whether dead or alive some of which are illustrated in the table below.
Table A4: Right to liberty cases
Case
Jobo
Remedy sought
&
Others
Commander
LDF
Result
v Harbeas
corpus
& solders
who
Others
of Soldiers brought to court and an
had explanation given that they had been
allegedly
been arrested
on
suspicion
of
having
kidnapped by member committed mutiny
of military intelligence
Mamphanya Mahao v Harbeas corpus
Explanation given that the Applicant’s
Commander
husband had been killed in a crossfire
LDF
&
Others
during his arrest for alleged mutiny
Khetheng
v Harbeas
Commissioner
of relation
Police & Others
corpus
to
a
in In 2016 the COMPOL responded that
police the Applicant’s son had been released.
officer who was last A year later his body was exhumed from
seen in police custody
a mass grave meant for unknown
corpses and high ranking police officers
and a former minister of defence were
arrested and charged with his murder
Commander
Defence
Lesotho Close Arrest in relation The Court of Appeal upheld a decision
Force
and to a soldier who
of
Others v Mareka (C OF
the
High
Court
to
place
the
Respondent under close arrest, as an
alternative to being detained citing the
jurisdiction of the court to interfere with
28