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HomeCourts of LawCourt of Appeal dismisses sex offender's bid to cut 55-year sentence

Court of Appeal dismisses sex offender’s bid to cut 55-year sentence

Court of Appeal dismisses sex offender’s bid to cut 55-year sentence · Lesotho Tribune
Maseru · lesothotribune.co.ls

Courts · Court of Appeal

Tenkulu Harmans, convicted on five counts of sexual offences, fails to convince the Court of Appeal to reduce a 55-year prison sentence, after the High Court had already cut it from 65 years. The ruling confirms the judiciary’s firm stance on sexual violence.

The Court of Appeal has dismissed an appeal by convicted sex offender Tenkulu Harmans, who was seeking a further reduction of his prison sentence.

The ruling means Harmans will continue serving a 55-year prison sentence after failing to convince the country’s highest court to interfere with the punishment imposed against him.

Harmans was previously convicted by the Magistrate’s Court on five counts of sexual offences. Following his conviction, the court sentenced him to a total of 65 years imprisonment. The offences, which were treated seriously by the courts, led to a lengthy prison sentence aimed at punishing the accused and protecting society from sexual violence.

After being sentenced, Harmans approached the High Court through a review application, arguing that the sentence imposed by the Magistrate’s Court was too harsh. The High Court later reviewed the matter and reduced the sentence from 65 years to 55 years imprisonment.

Despite the reduction, Harmans remained dissatisfied and decided to take the matter to the Court of Appeal in a final attempt to secure a lighter sentence, arguing that the term remained excessive even after the High Court’s intervention.

Appeal courts do not automatically reduce sentences unless there is clear evidence that the lower courts acted unfairly, misapplied the law or imposed unreasonable punishment.

Legal principle · Court of Appeal

The Court of Appeal dismissed the appeal, effectively confirming the 55-year sentence. The decision means the sentence currently stands and Harmans will continue serving the jail term without any further reduction from the courts.

The ruling reflects the judiciary’s continued tough stance on sexual offences, which remain a growing concern in Lesotho and many other countries. Courts in Lesotho have in recent years consistently imposed lengthy prison terms in cases involving rape, sexual assault and abuse, especially where multiple counts are involved.

Legal experts have often argued that strong sentences are necessary to deter offenders and send a message that sexual crimes will not be tolerated. Gender rights organisations and child protection groups have also repeatedly called on courts to continue imposing heavy penalties against perpetrators of sexual violence, saying such crimes leave lasting emotional and psychological damage on victims and their families.

Cases involving sexual abuse continue to dominate court rolls across Lesotho, placing pressure on both law enforcement agencies and the justice system.

Lesotho courts

The Court of Appeal’s decision comes at a time when public concern over sexual offences remains high in the country. Cases involving sexual abuse, particularly those involving women and children, continue to dominate court rolls across Lesotho, placing pressure on both law enforcement agencies and the justice system.

Human rights activists have previously expressed concern over the increasing number of reported sexual offences, saying stronger community awareness and tougher legal action are needed to protect vulnerable groups.

Under the law, convicted individuals have the right to challenge both conviction and sentence before higher courts if they believe errors were made during trial proceedings or sentencing. However, appeal courts do not automatically reduce sentences unless there is clear evidence that the lower courts acted unfairly, misapplied the law or imposed punishment that is unreasonable under the circumstances.

In Harmans’ case, the Court of Appeal was apparently not persuaded that there were sufficient grounds to interfere further with the sentence already reduced by the High Court. The outcome leaves the High Court’s revised sentence as the final position in the matter.

Legal observers say the case demonstrates how the justice system provides multiple levels of review to ensure fairness in criminal proceedings. The matter passed through the Magistrate’s Court for conviction and sentencing, moved to the High Court for review, and eventually reached the Court of Appeal. Each stage gave the accused an opportunity to challenge the decisions made against him.

The decision is likely to be welcomed by groups advocating for stronger action against sexual violence, who argue that strict punishment is necessary to discourage repeat offences and protect communities. Many community organisations continue to urge victims of sexual abuse to report offences to the police and seek assistance from relevant support services.

Authorities have also repeatedly encouraged members of the public to work together in combating gender-based violence and abuse through awareness campaigns, education and stronger law enforcement.

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