rule of law

Lesotho's CJ bemoans police impunity & its effect on rule of law

The frustration of Lesotho’s Chief Justice Sakoane Sakoane at continuing police brutality against ordinary citizens of that country is plainly evident in a new decision. Just as disturbing for him is the fact that police mostly commit these acts with impunity – seldom are they investigated and prosecuted – and the attorney general often fights against complainants if they ever bring a claim for damages, even in the face of completed medical reports that put the matter beyond doubt.

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Here’s how the CJ began his decision on the December 2015 assault of Khabanyane: ‘In this case, the hydra-headed monster of police brutality has reared its ugly head and claimed the scalp of a person with a visual disability.’

He also noted that Khabanyane reported the dawn assault later the same day and the officer commanding at the Mafateng police station gave him a medical form in which a doctor duly completed his findings and comments on the injuries sustained by Khabanyane.

Top Namibian court slams capital’s municipality over rule of law transgressions

Unlawful action by the municipality of Namibia’s capital city, Windhoek, has been slammed by the Supreme Court, whose judges said the municipality’s ‘resort to self-help’ transgressed the country’s commitment to the rule of law. They were deciding an appeal related to the municipality’s actions against Paratus, a licensed telecommunications company that was installing fibre optic cables in the city.

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The municipality of Windhoek has come in for serious criticism by Namibia’s Supreme Court for ‘deplorable’ abuse of power and acting outside the rule of law in such a way as to warrant the ‘severe censure’ of the court.

Bail grant to former First Lady of Lesotho: court finds 'gross irregularities'

Lesotho's former first lady, Maesaiah Thabane, third wife of the country's former Prime Minister Thomas Thabane, has been charged with murdering her predecessor, the former PM's second wife. Though Maesaiah was granted bail by the country’s Acting Chief Justice, an Appeal Court bench – consisting of three ‘outside’ judges – has now found the bail decision tainted by ‘gross irregularities’.

For relatives and friends of Lipolelo Thabane, Lesotho’s former first lady, murdered in 2017, the question of whether bail was validly granted to one of the suspects in her killing was a matter of personal safety and ensuring the integrity of the eventual trial.

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