Abstract
This dissertation examines the constitutional validity of Section 43 of Lesotho's
Computer Crime and Cyber Security Bill of 2024, specifically investigating its impact
on the right to freedom of expression as guaranteed by Section 14 of the Constitution
of Lesotho. Adopting a comparative research methodology, the paper begins by
conducting a textual analysis of section 43 and proceeds to examine the constitutional
framework governing freedom of expression in Lesotho, including the permissible
grounds and criteria for its limitation, as well as Lesotho’s obligations under
international and regional human rights instruments. The paper further assesses the
existing legislative framework in Lesotho, thereby establishing the legislative necessity
for section 43.
Drawing on persuasive precedents, such as the Kenyan Court of Appeal’s decision in
Bloggers Association of Kenya v Attorney General, the paper concludes that section
43 constitutes an unjustifiable limitation on free expression in its present form. To
survive constitutional scrutiny, the paper recommends substantial legislative reforms,
including the removal of "insult" as a ground for liability, the establishment of a
threshold of serious harm, and the introduction of clear prosecutorial guidelines to
prevent political abuse of the law.