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Título
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Jurisdição |
Data
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Lesotho
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3 Dezembro 2025 |
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Lesotho
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21 Novembro 2025 |
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Criminal law — Murder — Sentence — Power of Court of Appeal to enhance sentence — Review of Court’s own order — Patent error — Suspension of sentence for murder — Section 314(2) of the Criminal Procedure and Evidence 2 Act 1981 — Duty of counsel to assist the court — Exceptional jurisdiction to correct error
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Lesotho
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7 Novembro 2025 |
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Criminal Law – Murder – Causation – Whether the chain of causation was broken – Role of medical versus eyewitness evidence – Extenuating circumstances – Sentence. Evidence – Evaluation of conflicting testimony – Preference of credible direct evidence over inconclusive expert opinion – Medical evidence not conclusive but advisory – Court entitled to rely on credible eyewitnesses where consistent with other evidence. Appellate Review – Limited interference with findings of fact – Appellate court slow to disturb trial court’s assessment of credibility unless findings are plainly wrong or vitiated by misdirection. Practice and Procedure – Substitution of lesser offence – Arson reduced to unlawful damage to property under section 198 of the Criminal Procedure and Evidence Act – No prejudice to accused where essential elements of the lesser offence are included in the greater. Sentence – Discretion of trial court – Appellate intervention only where sentence induces a sense of shock or is vitiated by misdirection – 25-year term for brutal, unprovoked killing of defenceless spouse not excessive
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Lesotho
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7 Novembro 2025 |
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Constitutional Law — Open Justice — Bail Proceedings Conducted in Chambers — Whether Proceedings in Chambers Render Bail Order a Nullity — Exceptional Circumstances Justifying Departure from Open Court Requirement — None Shown — Principle of Transparency and Public Confidence in Criminal Justice — Victims’ Right to Information — Review Jurisdiction of Court of Appeal
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Lesotho
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7 Novembro 2025 |
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A raped minor’s denial of abortion breached reproductive rights; law and guidelines require considering mental-health grounds for termination.
Gender Equality Act – right to sexual and reproductive health; Penal Code s243 – preservation of life includes mental health; vicarious liability of employer; duty to impart information; Minister’s duty to provide clear clinical guidance; Human Rights Commission enforcement obligations; access to lawful abortion for minors impregnated by sexual violence.
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Malawi
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28 Outubro 2025 |
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Lesotho
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22 Agosto 2025 |
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Lesotho
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6 Agosto 2025 |
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Bail pending appeal denied: no exceptional circumstances, appeal unlikely to succeed, substantial sentence remains unserved.
Criminal procedure — Bail pending appeal (s.359) — Discretionary relief only in exceptional, special or unusual circumstances — Factors include likelihood of success and risk of serving substantive sentence — Likelihood alone rarely sufficient.
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Malawi
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28 Julho 2025 |
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Criminal defamation provision struck down as an unconstitutional, disproportionate limit on freedom of expression.
Constitutional law — Freedom of expression — Criminal defamation — Section 200 Penal Code — Overbreadth, vagueness and chilling effect — Section 44 limitation test — Civil remedies as less restrictive means — Attorney General’s neutral role in constitutional referrals.
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Malawi
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17 Julho 2025 |
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Whether criminal defamation (section 200) unjustifiably limits freedom of expression and must be struck down.
Criminal defamation – Freedom of expression (section 35) – Limitation test (section 44(1),(2)) – Proportionality and necessity – Civil remedies as less restrictive means – Chilling effect – Decriminalisation consistent with regional and international jurisprudence – Attorney General’s impartial role in constitutional referrals.
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Malawi
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17 Julho 2025 |
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Jurisdiction - House Ownership - co-ownership claim - Land Tribunal's exclusive jurisdiction - Whether the High Court had jurisdiction to determine co-ownership claims
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Tanzania
· Zanzibar
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17 Junho 2025 |
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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
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Lesotho
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2 Maio 2025 |
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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
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Lesotho
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2 Maio 2025 |
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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
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Lesotho
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2 Maio 2025 |
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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)
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Lesotho
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2 Maio 2025 |
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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
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Lesotho
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2 Maio 2025 |
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Lesotho
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27 Março 2025 |
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Lesotho
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7 Março 2025 |
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Malawi
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12 Janeiro 2025 |
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Lesotho
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3 Dezembro 2024 |
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Lesotho
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29 Novembro 2024 |
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Lesotho
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29 Novembro 2024 |
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ORDER The accused is sentenced to eighteen (18) years imprisonment
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Lesotho
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13 Novembro 2024 |
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Lesotho
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5 Novembro 2024 |
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Lesotho
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31 Outubro 2024 |
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Lesotho
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17 Setembro 2024 |
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Lesotho
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13 Setembro 2024 |
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Lesotho
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5 Setembro 2024 |
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Registrar’s refusal to issue admission petitions was a judicial act; appeal, not judicial review, was the appropriate remedy.
Judicial review — Registrar's refusal to issue court documents — issuance as a judicial function requiring application of judicial mind — decisions of Registrar exercising judicial functions not amenable to judicial review — alternative remedy by appeal — exhaustion of remedies.
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Malawi
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12 Agosto 2024 |
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Court refused immediate release but ordered alternatives, a 30‑day deportation ceiling, non‑detention of children and reporting by the State.
Immigration law – detention limits under Immigration Act s.14(1) and Regulations (Reg.14(3)) – constitutional right to liberty – reasonable 30‑day ceiling pending deportation – alternatives to prison (temporary permits, bond, non‑prison facilities, self‑repatriation) – non‑detention of children – structural interdict and court oversight of implementation.
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Malawi
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29 Julho 2024 |
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Lesotho
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18 Junho 2024 |
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Lesotho
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14 Junho 2024 |
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Lesotho
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25 Abril 2024 |
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Lesotho
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12 Abril 2024 |
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Appellant’s convictions for grievous harm and malicious damage quashed for insufficient evidence; alternative conviction impermissible under precedent.
Criminal law — Grievous bodily harm — High threshold for ‘grievous harm’ under section 4/238 — Medical evidence not always mandatory but here insufficient; Malicious damage — proof of wilful or reckless damage required and absence of exhibit fatal; Alternative verdicts — courts may not substitute lesser offences where State chose charge (Namatav v Republic); Self‑defence and provocation — disproportional response defeats self‑defence, provocation not available to reduce non‑murder offences; Sentencing — original sentences excessive.
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Malawi
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25 Março 2024 |
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Lesotho
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20 Março 2024 |
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Claims for false imprisonment, defamation and malicious prosecution failed; conversion established only as to retained office chattels, not the claimed money.
False imprisonment – distinction between reporting a crime and laying charges; Malicious prosecution – must prove prosecution by defendant, favourable termination, lack of reasonable cause and malice; Conversion – wrongful retention of chattels and denial of access; Pleadings – evidence inconsistent with pleadings may be rejected; Civil standard of proof – balance of probabilities.
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Malawi
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19 Março 2024 |
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Lesotho
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29 Fevereiro 2024 |
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Lesotho
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16 Fevereiro 2024 |
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Lesotho
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10 Novembro 2023 |
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Lesotho
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3 Novembro 2023 |
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Lesotho
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3 Novembro 2023 |
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Lesotho
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27 Setembro 2023 |
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Lesotho
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17 Agosto 2023 |
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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
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South Africa
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12 Junho 2023 |
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Human Rights and Fundamental Freedoms – protection of asylum seekers – children’s rights - citizenship of a child whose parents are asylum seekers
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Namibia
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8 Junho 2023 |
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Pending judicial review, asylum seeker visas must be extended if applicants serve their review on the State Attorney.
Refugees Act – asylum seeker visas – extension pending judicial review; non‑refoulement; automatic extension duty of Refugee Reception Officer (Saidi); service on State Attorney to obtain extensions; PAIA relief inappropriate while review pending (Rule 53).
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South Africa
· Gauteng
|
11 Maio 2023 |
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Lesotho
|
3 Maio 2023 |
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Lesotho
|
19 Abril 2023 |
