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
A (CIV) 27/15) [2015]
the functions of any functionary when it
LSCA 23
involves the fundamental rights of a
person.
59. Where a person has been subjected to unlawful detention, he or she is also entitled to a
remedy of compensation. Similarly, this remedy has been utilised as illustrated in the table
below:
Table A5: Unlawful detention cases
Case
Remedy sought
Result
Kopo and Another v Damages for unlawful
The two (2) plaintiffs who sued for
Commander
damages resulting from an unlawful
Defence
Lesotho detention
Force
and
detention
Another
M100,000.00
(CIV/T/259/2008) [2011]
respectively.
were
and
awarded
the
M40,000.00
LSHC 122
Kalaile v Commissioner Damages for Unlawful
The High Court awarded the plaintiff
of Police and Another detention and malicious damages to the tune of M40,000.00.
(CIV/T/23/10)
LSHC
130
[2011] prosecution
(20
September 2011)
Thabang Maketsi and Damages for Unlawful
The High Court awarded the plaintiff
Another v COMPOL and detention and arrest
damages to the tune of M15,000.00.
Another
29