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 A (CIV) 27/15) [2015] the functions of any functionary when it LSCA 23 involves the fundamental rights of a person. 59. Where a person has been subjected to unlawful detention, he or she is also entitled to a remedy of compensation. Similarly, this remedy has been utilised as illustrated in the table below: Table A5: Unlawful detention cases Case Remedy sought Result Kopo and Another v Damages for unlawful The two (2) plaintiffs who sued for Commander damages resulting from an unlawful Defence Lesotho detention Force and detention Another M100,000.00 (CIV/T/259/2008) [2011] respectively. were and awarded the M40,000.00 LSHC 122 Kalaile v Commissioner Damages for Unlawful The High Court awarded the plaintiff of Police and Another detention and malicious damages to the tune of M40,000.00. (CIV/T/23/10) LSHC 130 [2011] prosecution (20 September 2011) Thabang Maketsi and Damages for Unlawful The High Court awarded the plaintiff Another v COMPOL and detention and arrest damages to the tune of M15,000.00. Another 29

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