The writ of habeas corpus and the protection of the right to liberty under Lesotho’s judicial system: a review of some recent cases

The ‘suspension’ of Lesotho’s independence Constitution in 1970, coupled with the readiness with which Lesotho’s rulers have since passed draconian legislation impinging on the rights of the individual, has seen the country’s courts increasingly called upon to halt this encroachment. It is submitted here that while on some occasions Lesotho’s courts have been bold enough to meaningly protect the rights of the individual, they have failed to be consistent in this regard. Through an examination of three recent ‘habeas corpus’ cases, this article compares the decisions of the High Court and the Court of Appeal in Lesotho. The article shows that in ‘habeas corpus’ applications, which are usually brought in respect of persons held incommunicado, and in respect of whom there is great anxiety as regards their health and general well-being, the calibre of individual judges has been of great significance in determining the outcome. The scales, however, have been tipped more in favour of finding against the individual and for the State than the other way round. Notes, ref.