Civil Procedure Code at Lesotho
Lesotho's civil litigation framework is governed by several key statutes and rules, with the High Court Civil Litigation Rules, 2024 (Legal Notice 65 of 2024) being the most recent and comprehensive set of procedural guidelines. These rules provide detailed procedures for civil actions in the High Court, including aspects such as pleadings, evidence, and execution of judgments. (Home - LesLII)
⚖️ Key Components of Civil Procedure in Lesotho
1. High Court Civil Litigation Rules, 2024
These rules, effective from June 21, 2024, govern the conduct of civil proceedings in the High Court. They cover various aspects, including:
Pleadings: Requirements for initiating and responding to civil claims.
Evidence: Procedures for the presentation and examination of evidence.
Execution of Judgments: Processes for enforcing court orders and judgments.
Witnesses: Provisions for compelling witness attendance and handling defaults.
Interrogatories and Commissions: Mechanisms for obtaining evidence from witnesses who cannot attend court in person. (Subordinate Courts Order, 1988 - LesLII)
These rules are accessible through the Lesotho Legal Information Institute (LesLII) website. (Home - LesLII) (Home - LesLII)
2. Subordinate Courts Order, 1988
This order outlines the jurisdiction and powers of subordinate courts in Lesotho. It includes provisions on the attendance of witnesses, penalties for non-attendance, and procedures for obtaining evidence through interrogatories and commissions. For example, it specifies that a witness who fails to attend court after being duly subpoenaed may be fined and, in default of payment, imprisoned. Additionally, it allows for the appointment of a commissioner to take evidence from a witness who cannot attend court in person. (Subordinate Courts Order, 1988 - LesLII) (Subordinate Courts Order, 1988 - LesLII)
3. High Court Act, 1978
The High Court Act establishes the High Court's authority to issue execution orders and set aside warrants of execution. It also outlines the procedures for the sale of property in execution and the protection of certain properties from seizure. For instance, it specifies that the necessary beds, bedding, and wearing apparel of a person and their family are exempt from execution. (CIVIL PRACTICE AND PROCEDURE DRAFT LSZ (002)) (Subordinate Courts Order, 1988 - LesLII)
4. Penal Code Act, 2010
While primarily a criminal statute, the Penal Code includes provisions relevant to civil procedure, such as offenses related to obstruction of justice and contempt of court. For example, it criminalizes the act of wilfully failing to obey a court order or making false statements with the intention of defeating or interfering with the course of justice.
📘 Accessing the Legal Texts
The full text of the High Court Civil Litigation Rules, 2024 is available on the LesLII website:
Other relevant legislation, including the Subordinate Courts Order, 1988, High Court Act, 1978, and Penal Code Act, 2010, can be accessed through the LesLII legislation portal:
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