Refugees

Jurisdiction - House Ownership - co-ownership claim -  Land Tribunal's exclusive jurisdiction - Whether the High Court had jurisdiction to determine co-ownership claims. 

FLYNOTE
Criminal law – Murder – Extenuating circumstances – Appeal against conviction – Sentence enhancement in absence of cross-appeal – Power of appellate court to vary sentence
2
proprio motu – Manifestly lenient sentence – Sentencing discretion – Role of deterrence and public abhorrence in punishment.

FLYNOTE
Criminal Law – Murder – Circumstantial evidence – Whether inference of intent to kill established beyond reasonable doubt – Culpable homicide – Whether trial court misdirected itself in failing to consider absence of mens rea for murder – Penal Code Act 2010 (Lesotho), sections 40, 41.

FLYNOTE
Criminal Law — Murder — Self-defence — Whether Crown proved guilt beyond reasonable doubt — Whether trial court misdirected itself in rejecting self-defence — Duties of appellate court on findings of fact — Credibility of witnesses — Single witness rule — Forensic inconsistencies — Investigative irregularities

FLYNOTE
Immigration – Naturalisation – Delay in conferral of citizenship – Legitimate expectation – Mandamus – Ministerial discretion – Judicial deference – Whether High Court usurped Minister’s statutory function – Lesotho Citizenship Order 1971, ss 9(2), 12(2), 14, 16(1)

FLYNOTE
Criminal law—Murder—Self-defence—Constructive intent—Sentencing discretion—Appeal against conviction and sentence—Whether appellant acted in private defence—Whether sentence of 18 years’ imprisonment excessive.

ORDER

The accused is sentenced to eighteen (18) years imprisonment

Section 12(1) of the Constitution — principle of non-refoulement — section 49(1) and 34 of the Immigration Act 13 of 2002 — illegal foreigner’s intention to apply for asylum — lawfulness of detention.

Human Rights and Fundamental Freedoms – protection of asylum seekers – children’s rights - citizenship of a child whose parents are asylum seekers

Sentence – Prevention of Organised Crime Act – Smuggling of immigrants – Vulnerable persons exploited for money under pretext they will be relocated to other countries for better living conditions. All victims running away from the war in their country – Accused a first offender – Remorseful – Accused having testified in mitigation of sentence – Accused also testified about her ill health as a mitigating factor – Gravity of the offences and society’s legitimate interests far much outweigh the accused’s interests – A custodial sentence unavoidable under the circumstances.

Judicial review – Sufficient interest required for application – Applicants found to have insufficient locus standi to make application for judicial review.

Without notice applications – Duty of full disclosure – Courts retain the power to remove permission to seek judicial review where material facts are suppressed by the applicant.