C of A(CIV)13 of l999
Lv d H JJG* MMR
Khalapa v Commissioner of Police and Attorney-General
The appellant failed in the High Court to obtain an order extending the period in which a claim may be made against the police in terms of section 60 of the Police Order, 1971 (as amended).
There are three issues:
Whether a court can extend the time-bar of six months even after the period has expired.
Whether on the facts the appellant had shown good cause for an extension.
Whether, if the answer to (1) or (2) is in the negative, section 60 is unconstitutional because it infringes the right to a fair trial.
The appeal succeeds, the Court of Appeal finds for the appellant on (1) and (2). Accordingly (3) did not arise for determination. In its judgment, the Court of Appeal however called upon the Attorney-General to examine the constitutionality of s.6 of the Government Proceedings and Contracts Act, 4 of 1965, and other time-barring statutory provisions in Lesotho.
The Registrar is directed to bring this judgment to the attention of the Attorney-General and the Minister of Justice.