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
R v Tau Lefu C of A (Cri) Respondent was convicted The Court held that sentencing
No.6/2011
for two counts of murder is a prerogative of a trial court.
and sentenced to 36 years However, where the sentence
imprisonment.
He is so excessive as to be grossly
appealed
against disproportionate to the offence
sentence.
charged,
that
amounts
to
torture and justifies intervention
by
the
Court
Sentenced
of
Appeal.
reduced
to
20
years.
Thuso
Matlotlo
CRI/A/5/2001
v
R Applicant, a 52 year old The accused did not inform the
man was charged before a Magistrate
magistrate
court
of
the
alleged
for torture. He raised it for the first
abduction of a 14 year old time on appeal. His appeal was
girl
for
marriage.
He thus dismissed.
pleaded guilty to the charge
and was convicted. He
appealed to the High Court
and claimed that he had
pleaded guilty because of
torture.
Mosehle Molise v Officer Plaintiff was arrested on The assault is clearly a criminal
Commanding
Thaba- suspicion of stock theft. offence
for
which
the
Tseka Police Post & 2 While in police custody he perpetrators must be charged.
Others
was
severely
assaulted. Plaintiff was awarded M50,
Ultimately the cattle were 000.00 for assault, M3, 000.00
found,
but
not
18
in
his