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
that person during any visit that he is permitted to make to any part of Lesotho
in which, in consequence of any such order, his presence would otherwise be
unlawful.
56. The Constitution also provides the following safeguards for protection of arrested and
detained persons:
Section 6(2) provides that the arrestee shall be informed as soon as is reasonably
practicable, in a language that he understands, of the reasons for his arrest or
detention;
Section 6(3) provides that a detained person shall be brought to court within fortyeight (48) hours of his arrest or as soon as is reasonably practicable. Where the
detained person is brought to Court after 48 hours, the onus is on the arresting officer
to prove that the period is reasonable.
Legislative measures
57. The right to liberty is implemented through a number of legislative measures: Part V of the
CP&E provides for the processes and procedures of arrest under the law either with or
without a warrant. 26 Sections 47 and 100 of the Penal Code Act prohibit unlawful
detention and taking of hostages respectively. Speedy Court Trials Act No. 9 of 2002
provides for bringing accused persons promptly before court and also for criminal cases
to be heard within a reasonable time.
Judicial measures
58. Persons deprived of their liberty and or their relatives have recourse to several remedies
including the writ of harbeas corpus. This remedy has been resorted to and upheld in
26
CP&E sections 23 to 38.
27