Habeas Corpus as a Remedy for Deprivation of the Right to Personal Liberty: Contemporary Developments in Lesotho

Abstract

Long before the inclusion of bills of rights in written constitutions, the common law had great regard for the personal liberty of the individual. This was realised through the writ of habeas corpus which was available to protect anyone unlawfully deprived of their liberty. This ancient writ has not only survived at common law; it also remains active in contemporary judicial pronouncements. The writ has received acceptance by modern constitutions in different countries as a fundamental right enforcement process. This article examines the judicial application of that process in Lesotho within the constitutional framework of the protection of the right to personal liberty; depicting the acceptable parameters as would make the reliance on that process by individuals and the courts a more effective tool in affording reliefs to persons who are deprived of their constitutionally protected personal freedom.