Lesotho

Court declares husband, charged with murdering his wife, 'unworthy' to bury her

A high court judge in Lesotho has found a husband ‘unworthy’ to bury his wife, because the evidence indicated that he had ‘brutalised her in what was plainly a ‘callous act of domestic violence’. Her birth family had asked that they be allowed to bury her instead, a move strongly opposed by the husband, charged with her murder and out on bail. He claimed that, as the heir, he had the right to bury her. Finding the husband responsible for the woman’s death, Judge Moroke Mokhesi said such behaviour offended public policy the world over.


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What does the 17thC legal writer Johannes Voet have to do with a dispute in modern-day Lesotho? Quite a lot, as it turns out. For it was Voet who wrote about the principles that must apply when deciding who has the ‘right’ to bury a deceased person, and Judge Moroke Mokhesi of the high court in Lesotho quoted that author to explain that a woman’s blood relatives had every right to ask for the right to bury her.

Strong human rights judgment for prisoners in Lesotho

In an important human rights judgment, the high court of Lesotho has held that a former army commander, Tlali Kamoli, now a prisoner, refused bail and standing trial for murder and attempted murder, may attend the funeral of his son who died recently. The decision is important because Chief Justice Sakoane Sakoane, who wrote the decision, stressed the principle that the human rights of prisoners had to be taken into account in making such a decision - and in fact did so in his judgment.

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In the introduction to his decision, Chief Justice Sakoane Sakoane explained that the applicant in this case, Tlali Kamoli, in prison and waiting for the conclusion of his trial, had heard the news of his son’s death and had applied to attend the funeral.

Judicial appointments’ problems spread like a virus

Like a rampaging judicial virus, political and other problems are infecting the process of appointing judges in a number of African countries. And there’s no vaccine or any other easy solution in sight. Developments in Lesotho, Zimbabwe, Kenya – and then, out of the blue last week, South Africa – all point to serious problems about the process of judicial appointments. Here’s a guide to the symptoms of this particular virus.

Lesotho

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