Lesotho

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1. Background


Lesotho is a beautiful, mountainous, landlocked country completely surrounded by South Africa.[1] It is a sovereign democratic kingdom, with the king as the head of state and executive power in the hands of the government led by the Prime Minister.Lesotho is a former colony of the United Kingdom known as Basutoland. The Basotho nation was founded by the Great Moshoeshoe who later sought for protection from the British. Consequently, Basutoland became an English colony and Roman Dutch Law was infused into the legal system. Wars of independence were later fought and Basutoland gained its independence from Britain and became the Kingdom of Lesotho in 1966.

In the most recent elections in 2007, the governing Lesotho Congress for Democracy (LCD) party retained a majority of seats in parliament.


1.2 Geography, religion, languages and culture


Lesotho is often referred to as "The Kingdom in the Sky" or "The Switzerland of Southern Africa" because of the stark beauty of its rugged mountainous terrain.The country can be roughly divided into three geographic regions: The lowlands, following the southern banks of the Caledon River, and in the Senqu river valley; the highlands formed by the Drakensberg and Maloti mountain ranges in the east and central parts of the country; and the foothills that form a divide between the lowlands and the highlands.

The population of Lesotho, in 1998, was estimated to be 2,089,289 with a growth rate of 1.9 percent. At the end of the twentieth century these figures could alter rapidly as the HIV/AIDS crisis impacts the general population. The people of Lesotho are called Basotho (plural) and Mosotho (singular). The culture is cohesive, with Basotho comprising over 99 percent of the country's population, the remainder being of Asian of European origin.

Sesotho, or Southern Sotho, is spoken in Lesotho as well as in parts of South Africa. Sesotho was one of the first African languages to develop a written form and it has an extensive literature. English is the second official language, dating back to 1868 when Lesotho was placed under the British for protection against South African aggression. Zulu and Xhosa are spoken by a small minority.


1.3 Type of legal system


Lesotho’s legal system is in effect a constitutional monarchy. It is based on a combination of Roman Dutch, English Common and traditional customary law.[2]

The constitution provides for an independent judicial system, made up of the High Court, the Court of Appeal, Magistrate's Courts, customary courts (that exist predominantly in rural areas) and a Judicial Services Commission (JSC). There is no trial by jury; rather, judges make rulings alone, or, in the case of criminal trials, with two other judges as observers. The constitution also protects basic civil liberties, including freedom of speech, freedom of association, freedom of the press, freedom of peaceful assembly and freedom of religion.


Jurisdictional Issues


The High Court has jurisdiction to hear the most serious civil and criminal cases, and appeals from the lower courts. It has supervisory jurisdiction over all the courts in Lesotho. It consists of the Chief Justice, who is appointed by the chief of state on the advice of the prime minister, and a number of puisne judges, appointed by the chief of state on the advice of the JSC. Appeals from the High Court come before the Court of Appeal, which meets twice a year.


Customary law


This is a traditional system comprised of the numerous customs of the Basotho. It is recorded and codified (the Laws of Lerotholi)and some of it has been interpreted and acted upon by the courts thus incorporating it into to the formal legal system.Customary law in Lesotho is administered by Basotho or Customary courts.[3]


General observations


The majority of Justices on the Court of Appeal are South African jurists. The court does not operate by trial by jury. Rather, judges make rulings alone, or in criminal trials with 2 other judges as observers.

There are magistrates’ courts in each of the 10 districts, and more than 70 central and local courts. General laws in Lesotho operate alongside customary laws. Whether customary or general law will be applied in a case is generally determined by the nature of the case, criminal or civil, and the people involved. It is usual for common law to be implemented in urban areas, whilst customary law is more often found in rural areas.

Local courts, or Basotho Courts, are the courts of first instance for any matter involving customary law. Appeals from local courts come before the central courts, and appeals from the central or local courts come before the judicial commissioners’ courts, from which further appeals may be made to the High Court. Lesotho has not accepted compulsory International Court of Justice jurisdiction.


2. The legal aid situation in the country


2.1 State sponsored legal aid


The Constitution of Lesotho is silent on the right to legal aid however Section 12 of the Constitution provides the right to a fair trial which includes amongst others, the right to legal representation.[4] Although not constitutionally regulated, Lesotho does offer legal aid in both civil and criminal matters. A legal aid board was established by the Legal Aid Act No. 19 of 1978 with the mandate to make provision for the granting of legal aid to the poor persons and for connected purposes. The Act was followed by the Legal Aid Regulations 1979. It is reported that there have been challenges with the provision of National Legal Aid – including a backlog of cases. To address this challenge, the Legal Aid Counsel sometimes briefs private lawyers to handle cases referred to legal aid and the fees are paid by the Legal Aid.[5]


2.2 NGOs providing pro bono legal aid


  • Federation of Women Lawyers (FIDA) [1]


Its mandate is limited to providing advice and information on women and children’s rights so that they can achieve social justice. Current work especially focuses on property or land claims, domestic abuse, women’s empowerment and children’s rights.[6]


  • Women and Law in Southern Africa Trust(WLSA) [2]


Is an organization that strives for the realization of women’s rights which were ignored for a long time. Its mission is to promote and protect women's human rights in socio-economic, legal and political context through active research, lobby and advocacy on policy and legal reform that discriminate against women and children, training and education on laws and policies that advance women's human rights.[7]


  • National University of Lesotho Legal Aid Clinic (NULLAC) [3]


The purpose of the organization is to equip law students with practical lawyering skills as it is primarily based in an academic institution. In addition, it is meant to provide free professional legal services to the indigent in communities thus addressing social inequalities and injustices caused by lack of access to justice. NULLAC’s mission is to provide quality legal services and to facilitate access to law through an independent, impartial and professional institution.


3. Sources of defendant's rights


3.1 National Sources of defendant's rights


The Constitution of Lesotho


The Lesotho constitution contains a specific number of justiciable rights in Chapter II which protects and safeguards certain fundamental human rights and freedoms, and is set out as follows:


  • the right to life;
  • the right to personal liberty;
  • freedom of movement and residence;
  • freedom from inhuman treatment;
  • freedom from slavery and forced labor;
  • freedom from arbitrary search or entry;
  • the right to respect for private and family life;
  • the right to a fair trial of criminal charges against him and to a fair determination of his civil 
rights and obligations;
  • freedom of conscience;
  • freedom of expression;
  • freedom of peaceful assembly;
  • freedom of association;
  • freedom from arbitrary seizure of property;
  • freedom from discrimination;
  • the right to equality before the law and the equal protection of the law;
  • the right to participate in government


Fundamental human rights and freedoms (Section 4(1) of the Constitution):


Whereas every person in Lesotho is entitled, whatever his race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status to fundamental human rights and freedoms, that is to say, to each and all of the following:


Right to Personal Liberty (Section 6 of the Constitution):


(2) Any person who is arrested or detained shall be informed as soon as is reasonably practicable, in a language that he understands, of the reasons for his arrest or detention.


(3) Any person who is arrested or detained:

(a) For the purpose of bringing him before a court in execution of the order of a court; or

(b) Upon reasonable suspicion of his having committed, or being about to commit, a criminal offence, and who is not released, shall be brought before a court as soon as is reasonably practicable, and where he is not brought before a court within forty-eight hours of his arrest or from the commencement of his detention, the burden of proving that he has been brought before a court as soon as is reasonably practicable shall rest upon any person alleging that the provisions of this subsection have been complied with.


Legislation


There are a number of acts and statutes relevant as sources of defendant’s rights, including:

  • The Penal Code 2010(Act 6 of 2012) - this is the main source of criminal law. It sets out in straightforward terms the general and specific rules of criminal law.
  • The Sexual Offences Act
  • The Stock Theft Act, 2000
  • The Criminal Procedure and Evidence Act 1991 as amended

3.2 International Sources of defendant’s rights


Lesotho is a member of the United Nations and the African Union. It has ratified a number of UN Human Rights Conventions, including:

  • International Covenant on Civil and Political Rights (ICCPR);
  • International Covenant Committee on Economic, Social and Cultural Rights (ICESCR);
  • Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT);
  • The Convention on the Rights of Persons with Disabilities (ICRPD).

All inhabitants of Lesotho may turn to the UN Human Rights Committee through procedure 1503, to the Special Rapporteurs for violations of specific human rights or to ECOSOC for women's rights violations. Since Lesotho is a member state of UNESCO, its citizens may use the UNESCO procedure for human rights violations in UNESCO's fields of mandate.


4. Pre-trial procedures


Police procedures, Arrest, Search and Seizure Laws


4.1 Arrest


Part V of the Criminal Procedure and Evidence Act,1981 provides for arrests.

Upon arrest, arresting officer may search the accused and place in safe custody all articles found in his possession. On arresting a woman on arrest, the search can only be made by a woman and must be made by strict regard to decency.


4.2 Arrests without a warrant


Arrests can be carried out either by the following:

  • Judicial officer who sees a person committing a crime[8]
  • Peace officer who sees anyone commits a crime in his presence or when s/he has reasonable grounds to believe/suspect a crime has been committed[9]
  • Private person or any person[10]
  • Owner of property may arrest any person in respect to which one is found committing a crime.[11]

The grounds on which one can arrest without a warrant are clearly spelt out in the act. Upon arrest, the suspect must be told the cause of the arrest.


4.3 Arrests with a warrant


Arrests with a warrant are provided by Section 33 of the Criminal Procedure and Evidence Act. A judicial officer may issue a warrant for arrest of any person or for further detention upon a written application by the Public Prosecutor. The application needs to set out the alleged offence and that from information taken upon oath, there are reasonable grounds of suspicion against the person.

A warrant issued in terms of the Act shall apprehend the person described therein and to bring before a judicial officer as soon as possible upon a charge of an offence.


4.4 Pre-trial detention


If a person is arrested without a warrant, he can only be detained for a reasonable period in all circumstances of the case.A warrant can be obtained for further detention but must not however exceed 48 hours.[12]

An arrested person can either be released by reason that no charge is to be brought otherwise accused must be taken to a subordinate court of competent jurisdiction as soon as possible. An exception is also available when the magistrate is not available. In such cases, one can remain in custody.


As the right to personal liberty is protected, section 6 of the Constitution determines as follows:


(2) Any person who is arrested or detained shall be informed as soon as is reasonably practicable, in a language that he understands, of the reasons for his arrest or detention.


(3) Any person who is arrested or detained:

(a) For the purpose of bringing him before a court in execution of the order of a court; or (b) Upon reasonable suspicion of his having committed, or being about to commit, a criminal offence,

and who is not released, shall be brought before a court as soon as is reasonably practicable, and where he is not brought before a court within forty-eight hours of his arrest or from the commencement of his detention, the burden of proving that he has been brought before a court as soon as is reasonably practicable shall rest upon any person alleging that the provisions of this subsection have been complied with.

Unlawful arrest or detention may necessitate compensation from that other person or from any other person or authority on whose behalf that other person was acting.

4.5 Searches


Every person in Lesotho has a right of freedom from arbitrary search or entry of his person or his property unless with his consent.[13] Exceptions are available for the interests of defense, public safety, public order, public morality, public health, town and country planning, the development or utilization of mineral resources or the development or utilization of any other property in such a manner as to promote the public benefit, for the purpose of protecting the rights or freedoms of other at persons, among other grounds listed in the Constitution and Lesotho laws.[14]

Where it appears to a judicial officer on complaint made on oath that there are reasonable grounds for suspecting that there is at a premises, place, vehicle, or person stolen property or anything that can afford as evidence or to be used in commission of an offence, may issue a search warrant. The warrant will allow the police officer to search and or seize any such thing found.

Any warrant should be executed by day unless the warrant specifically authorize that it be executed by night. The seized property will be taken to the magistrate to deal with it according to the law.[15]

Where the process of acquiring a warrant defeats the object of the search, a policeman who has reasonable grounds is sanctioned to search any person, property, premises without a warrant [16] (Provided that the search must be made by day and in the presence of two or more respectable persons of locality in which the search is made).

Police officers with special written authority are allowed to enter and inspect without warrant any drinking place.


4.6 Interrogation


The Constitution provides in Section 4(1)(d) that everyone in Lesotho is shall enjoy freedom from inhuman treatment.

For confessions to be admissible, it must be proved that they have been given freely and voluntarily by such person in his sober senses and without having been unduly influenced. [17]


4.7 Before formal charge in court


In terms of Section 60 of the Criminal Procedure and Evidence Act, a public prosecutor may institute a preparatory examination, summons will be issued out requiring said person to appear before the magistrate of the court for the purpose of undergoing a preparatory examination. Preparatory exam in court is conducted in the manner prescribed in Section 63 and 64 of the Act.



5. Rights of the accused at all time


5.1 Criminal law system


The criminal law system of Lesotho is provided for in the Lesotho Penal Code Act 2010 which is an act meant to establish a code of criminal law. This is counterbalanced on the other hand by the Constitution to provide for the rights of accused persons and to ensure fair administration of justice.


5.2 Double jeopardy


Double jeopardy (ne bis in idem) is a fundamental legal principle usually a Constitutional right.[18] It refers to the fact of being prosecuted or sentenced twice for the same offense.[19] The double jeopardy clause bars second prosecutions after either acquittal or conviction, and prohibits multiple punishments for the same offense. The principle is related to other well known legal defenses, for example: res judicata, and autrefois acquit/convict.

The Constitution of Lesotho in Section 12(5) provides that, “No person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted shall be tried again for that offence or for any other criminal offence of which he could have been convicted at the trial for that offence, save upon the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal.”

This is also codified in Section 5 of the Penal Code Act, 2010.It provides that “a person cannot be tried or punished twice under the provisions of this Code for the same act or omission, except in the case where the act or omission is such that by means thereof he or she causes the death of another person, in which case he or she may be convicted of the offence of which he or she is guilty by reason of causing such death, notwithstanding that he or she has already been convicted of some other offence constituted by the act or omission.”

It is also an internationally protected right under the ICCPR in Article 14(7) to which Lesotho is a part.


5.3 The legality principle


The principle of legality is captured in the Latin phrase "nullumcrimen sine lege, nullapoena sine lege", which means "no crime or punishment without law."


Section 12(4) of the Constitution of Lesotho provides that “no person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence, and no penalty shall be imposed for a criminal offence that is severer in degree or description than the maximum penalty that might have been imposed for that offence at the time when it was committed”.

Section 2 (2) of the Penal Code Act 2010, provides that no person shall be tried, convicted or punished for an offence other than an offence specified in this Code or in any other written law or statute in force in Lesotho.[20]


5.4 Presumption of innocence


A fundamental element of the right to a fair trial is that every person should be presumed innocent until proved guilty following a fair trial.[21]


The Constitution of Lesotho provides in Section 12(2)(a) as follows, “Every person who is charged with a criminal offence shall be presumed to be innocent until he is proved or has pleaded guilty”(This principle is recognized in a number of Lesotho court decisions, see for example the case of TEFO HASHATSI and THE PRIME MINISTER & 5 Others C OF A (CIV) 5/2016).

The International Covenant on Civil and Political Rights (ICCPR) to which Lesotho is a signatory also provides in Article 14(2) that “Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to the law.


5.5 Standard of proof for Conviction


In criminal trials, proof is normally beyond a reasonable doubt.


5.6 Capital Punishment


The Lesotho Constitution guarantees the right to life in section 4(1)(a) and 5(1)in that “every human being has an inherent right to life. No one shall be arbitrarily deprived of his life.”

Exceptions to this right are listed in section 5(2) of the Constitution and include the defence of any person from violence or in defence of property (section 5(2) (a), in order to effect a lawful arrest or to prevent the escape of a person lawfully detained (section 5(2)(b), in order to suppress a riot, insurrection or mutiny (section 5(2) (c) ) and in order to prevent commission by that person of a criminal offence or if a person dies as a result of a lawful act of war or in execution of a sentence of death imposed by a court.


While the right to life is protected under the Constitution, Lesotho still administers a system of capital punishment and the death penalty is retained.

Section 297 of the Criminal Procedure and Evidence Act (CP&E) 1981 determines that a sentence of death by hanging shall be passed by a High Court upon an accused convicted of murder, treason or rape.

Also, Section 32(a)(vii) of the Sexual Offences Act provides for the death penalty in respect of an accused person convicted of rape, who knowingly commits the crime knowing that or having reasonable suspicion to believe that he is infected with HIV.[22]

The death penalty cannot, however, be carried out in respect of a person below 18 years of age or a pregnant woman in terms of section 297 (b) and 299 of the Criminal Procedure and Evidence Act respectively.[23] In terms of the CP & E, death penalty shall not be imposed where the courts finds that there are extenuating circumstances.[24]

Extenuating circumstances have been defined as ‘any facts, bearing on the commission of the crime, which reduce the moral blameworthiness of the accused, as distinct from his legal culpability”. Once a court has convicted the accused of a capital offence it must then embark on the second phase of the inquiry, namely whether there are extenuating circumstances which would warrant the imposition of a sentence other than the death penalty.

The application of the ‘extenuating circumstances’ doctrine has effectively rendered the application of the death penalty in Lesotho null and void in practice and Lesotho reported to the U.N. Human Rights Council that its last execution was carried out in 1995.


5.7 Fair Trial Rights


In terms of Section 6 of the Constitution,a person shall not be detained save as may be authorized by law. Once arrested or detained a person, shall be informed as soon as is reasonably practicable, in a language that he understands, of the reasons for his arrest or detention.[25]

Arrested person must be brought before the court as soon as is reasonably practicable and where he is not brought before a court within forty-eight hours of his arrest or from the commencement of his detention, the burden of proving that he has been brought before a court as soon as is reasonably practicable shall rest upon any person alleging that the provisions of this subsection have been complied with.

If not tried within a reasonable time section 6(5) of the Constitution determines that , the person must be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial. Unlawful arrest or detention may necessitate compensation from that other person or from any other person or authority on whose behalf that other person was acting.


5.8 Right to counsel


Constitution 12(2)(d) provides that a person shall be permitted to defend himself before the court in person or by a legal representative of his own choice.


5.9 Right to fair trial


The Constitution of Lesotho provides for fair trial rights fully in section 12 thereof. If any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.

Section 12 provides as follows:


12. Right to a fair trial


(1) If any person is charged with a criminal offence, then unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.


(2) Every person who is charged with a criminal offence:


(a) shall be presumed to be innocent until he is proved or has pleaded guilty;
(b) shall be informed as soon as reasonably practicable, in a language that he understands and 
in adequate detail, of the nature of the offence charged;
(c) shall be given adequate time and facilities for the preparation of his defence;
(d) shall be permitted to defend himself before the court in person or by a legal representative 
of his own choice;
(e) shall be afforded facilities to examine in person or by his legal representative the witnesses 
called by the prosecution before the court and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution;
(f) shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the charge, and except with his own consent the trial shall not take place in his absence unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence.


5.10 Right to non-self-incrimination


Section 12(7) of the Lesotho Constitution provides that no person who is tried for a criminal offence shall be compelled to give evidence at the trial.


5.11 Right to trial by jury


There is no trial by jury in Lesotho.


5.12 Right to impartial judge


Section 12(8) of the Lesotho Constitution provides that any court or other adjudicating authority prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any person before such a court or other adjudicating authority, the case shall be given a fair hearing within reasonable time.

The Constitution further states that the judiciary shall be independent and free from interference, subject only to the Constitution or any other law.

5.13 Right to appeal


Any person aggrieved by the judgement of a prior court has a right to appeal to the superior court.



6. Court Procedures


6.1 Pre-Trial


Indictment

When a person charged with an offence has been committed for trial or sentence, the charge shall be writing in a document called an indictment.[26]The service upon an accused person of an indictment and notice of trial shall be made in the manner provided in the rules of the court. Once the indictment is lodged with the High Court, the case is deemed to be pending in that court.


Summons

In the subordinate court, the prosecutor lodges with the clerk of court a statement in writing of the charge against that person describing his name, place of abode, and occupation. The document is called a summons, and it should state forth shortly and distinctly the nature of the offence, the time and place at which it is alleged to have been committed.[27]

The clerk of court will issue and deliver to the messenger of the court a summons to the person charged to appear and answer to the charge.[28] At the trial the charge shall be read out to the person charged, who shall be called upon to plead thereto, and his plea shall be recorded thereon. The accused or his legal adviser may at all reasonable times inspect the charge as stated in the summons.[29]


6.2 Initial Court Appearance/Preliminary Hearing


In subordinate courts, when a person has been arrested upon a charge, trial must be commenced forthwith.[30]

In the High Court, a person committed to trial shall be brought to trial at the first session of that court for the trial of criminal cases held after that date of commitment or be admitted to bail.[31]

On the day appointed for trial, the accused shall appear in court and be informed in open court of the offence with which he is charged as set forth in the charge.[32] The accused is required to plead instantly thereto except where the accused objects to plea.


6.3 Pre-Trial Motions


Exception


An accused may before entering a plea raise objections to a charge for any formal defect apparent on the face thereof.[33] The court will determine the exception forthwith.


Notice to quash charge


The accused may, before pleading, apply to the court to quash the charge on the ground that it is calculated to prejudice or embarrass him in his defense.[34] The court may quash the charge or may order it to be amended, or may refuse to make any order on the motion. A notice of motion must be made in terms of Section 160 of the Act.


Discovery

The court may either before or at the trial direct particulars to be delivered to the accused of any matter alleged in the charge and may adjourn the trial for the purpose of delivery of the particulars.[35] Particulars shall be delivered to the accused or his counsel and shall be entered in the record and trial shall proceed in all respects as if the charge had been amended in conformity with the particulars.


6.4 Trial


Nature of the Trial


Trial is adversarial in nature. Trials are done in open court and evidence is given viva voce in the presence of the accused unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable. If the accused absents himself during trial without leave, the court may direct a warrant to be issued for his arrest.[36]


6.5 Defendant/Lawyers


Every person charged with an offence is entitled to make his defence at his trial and to have witnesses examined or cross-examined by his counsel or other legal representative.[37]


A minor may be assisted by a legal guardian.Manner of trial of insane or incapacitated accused person is as provided by the CP& E Act.


6.6 Judges


Judges must be impartial, independent and free from interference.


6.7 Appeals


Defendants have the right to appeal. A defendant may either be held or released on bail until sentenced. Appeals are provided for in terms of Part XVIII, Sections 326-330 of the CP & E Act.


6.8 Right to Counsel


The right to counsel is a constitutional right (section 12(2)(d).


7. Rights in prison


  • Conditions of confinement

A prisoner whether sentenced to imprisonment or committed to prison on remand or pending trial or otherwise, may be lawfully confined in any prison.[38] Every prisoner shall be deemed to be in the legal custody of the superintendent or gaoler of the prison. The Resident Commissioner shall satisfy himself from time to time that in every prison sufficient accommodation is provided for all prisoners.


  • Right to medical care in prison

Prisoners receive free medical care from government hospitals. All prisons have a nurse and a dispensary to attend to minor illnesses. Some correctional facilities owned ambulances to transport inmates for emergency medical care.[39]


  • Women’s rights in prison

In a prison used for both male and female prisoners, separate buildings or parts of a building shall be used for the males and for the females respectively so as to prevent the one from seeing or communicating with the other.



References

  1. http://www.commonwealthofnations.org/country/lesotho/Accessed 30th November 2017 10.00pm
  2. Office of the United Nations High Commissioner for Human Rights
  3. Ibid
  4. Ibid
  5. http://www.nyulawglobal.org/globalex/Lesotho.html#_Civil_and_criminalAccessed 3rdDecember 2017 08.32am
  6. https://fidalesotho.wordpress.com/Accessed 3rd December 2017 09.40am
  7. http://www.womenandlaw.org.ls/services.htmlAccessed 3rd December 2017 10.00am
  8. Section 23 of the Criminal Procedure and Evidence Act, 1981
  9. Section 24, 25, 26 of the Criminal Procedure and Evidence Act, 1981
  10. Section 27,28 of the Criminal Procedure and Evidence Act, 1981
  11. Section 29C P & E Act
  12. Section 32 of the C P & E Act
  13. Section 10 (1) Constitution of Lesotho
  14. Section 10 (2)(b), (c) or (d)Constitution of Lesotho
  15. Section 46 of the CP &E Act
  16. Section 47 of the CP & E Act
  17. Section 228 of the CP&E Act
  18. https://www.cairn.info/revue-internationale-de-droit-penal-2006-1-page-121.htm 3rd December 2017 11.15am
  19. Black Law Dictionary (2004) 8th Edition
  20. http://www.lesotholii.org/ls/legislation/act/2012/6 Accessed 4th December 2017 08.15 am
  21. https://www.fairtrials.org/about-us/the-right-to-a-fair-trial/the-presumption-of-innocence/Accessed 4th December 2017 09.45 am
  22. http://www.nyulawglobal.org/globalex/Lesotho1.html#_edn21Accessed 4th December 2017 08.15 am
  23. http://www.nyulawglobal.org/globalex/Lesotho1.html#_edn22 Accessed 4th December 2017 08.17 am
  24. http://www.nyulawglobal.org/globalex/Lesotho1.html#_edn24Accessed 4th December 2017 08.23 am
  25. Section 6 (2) of the Constitution of Lesotho
  26. Section 118 of the Criminal Procedure and Evidence Act,1981
  27. Section120 of the CP&E Act
  28. Section 121 of the CP&E Act
  29. Section 123of the CP&E Act
  30. Section 145of the CP&E Act
  31. Section 141 of the CP&E Act
  32. Section 150 of the CP&E Act
  33. Section 152of the CP&E Act
  34. Section 159of the CP&E Act
  35. Section 157 of the CP&E Act
  36. Ibid
  37. Section 171of the CP&E Act
  38. Section 15of Basutoland No. 30 OF 1957 Promulgated 24th May, 1957
  39. Human rights Report on Lesotho 2012