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
The Legal Aid Act which offers a statutory mechanism for provision of legal aid to
indigent persons who cannot afford private legal representation.27
Speedy Court Trials Act ensures that criminal trials are prosecuted within a
reasonable time.
Section 228 of the CP & E guards against self-incrimination by providing that
evidence obtained through torture must be excluded from criminal proceedings.
Judicial measures
65. The inherent nature of the right to fair trial has been emphasised in various decisions such
as:
Commander of the Lesotho Defence Force v Maluke. 28 In this case, the
Commander of the Lesotho Defence Force had, at the army parade, labelled the
Respondent as a criminal and expressed a need for the institution to make an
example of him. The parade was attended by all members of the Court Martial who
later presided over the criminal trial referred to by the Commander. The accused
soldier challenged composition of the Court on the basis that it violated his right to
fair trial. The Court of Appeal struck down the proceedings of the Court Martial on
the basis that an exemption provision in the constitution saving the disciplined forces
from the operation of the Bill of Rights did not abrogate rules of natural justice. The
court thereby affirmed protection of fair trial rights under Section 12 of the
Constitution.
27
The Act provides that whenever a person appears to a judicial officer to be in need of legal aid and has
insufficient means, a magistrate may certify to the Chief Legal Aid Counsel that such person in the interests
of justice in need of legal aid. Then the Chief Legal Aid Counsel shall then undertake the defence of such
person.
28Commander of the Lesotho Defence Force v Maluke [2014] LSCA 42.
32