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
ARTICLE 7: RIGHT TO FAIR TRIAL
Constitutional measures
63. The right to fair trial is entrenched in section 12 of the Constitution of Lesotho. Section
12 provides several guarantees including the following to ensure fair trial in criminal
proceedings:
Section 12(1): fair trial, within a reasonable time and by an independent and impartial
court established by law;
Section 12(2)(a) presumption of innocence until proven or pleaded guilty;
Section 12(2)(b) prompt and detailed information of the nature of the offence
charged, in a language which the accused person understands;
Section 12(2) (c) adequate time and facilities to prepare for one’s defence;
Section 12(2)(d) legal representation of one’s choice;
the right to have an interpreter if the accused cannot understand the language of the
proceedings;
The Constitution also provides for the right to fair determination of a person’s civil
rights.
Legislative measures
64. The constitutional protection of the right to fair trial is implemented through a number of
legislations which regulate conduct of criminal trials as well as legal representation in all
court proceedings. These laws include:
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