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 Sello Leuta v Senior Resident Appellant was convicted The Court provided a Magistrate Berea & 2 Others C of and sentenced to 5 years checklist which should be A (Cri) 3 /2016 imprisonment magistrate by the followed in order to ensure court for that people charged under violation of section 8(1) of the Sexual Offences Act are the Sexual Offences Act duly informed of the 2003 in that he committed a seriousness of the offences sexual act with a child aged alleged as well as their rights 14 years. He filed an in accordance with the application for review in that principles of fair trial. the magistrate failed to inform him of the right to legal representation. The High Court confirmed conviction and sentence. The appellant against the appealed High Conviction and sentence set aside. However, accused not acquitted decision to and the charge him afresh left with the DPP. Court decision. Tsepe Ralibuseng v Director of Appellant charged with The High Court set aside the Public Prosecutions & 2 Others contravention of section 3 magistrate’s CRI/A/14/2012 refusal of of the Sexual Offences Act appellant’s bail application in that he forcefully had and admitted him on bail on sexual intercourse with a several conditions including girl aged 16. Magistrate that he should not interfere refused his bail application with witness an must also but gave no reasons for secure an independent person who shall on his own recognisance 122 stand him

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