Mohaila Ralengau V Principal Secretary, Ministry of Education & 6 Others (CIV/APN/105/2021) [2023] LSHC 166 (5 July 2023)

Mohaila Ralengau V Principal Secretary, Ministry of Education & 6 Others (CIV/APN/105/2021) [2023] LSHC 166 (5 July 2023)

The Government lawfully exercised its statutory right to set off the salary overpayment from the deceased's pension benefits after proper notice and consultation. The 6.2% deduction for operational costs is intra vires the Act, as the Minister is empowered to determine the rate of contributions, which may include operational costs. Payment of the full benefit without deduction would unjustly enrich the Applicants. No real dispute of fact existed to warrant oral evidence.

Citation
[2023] LSHC 166
Parties
1st Applicant: Mohaila Ralengau; 2nd Applicant: Molefi Ralengau; 3rd Applicant: Ncholu Ralengau; 1st Respondent: Principal Secretary of Education; 2nd Respondent: Principal Secretary of Finance; 3rd Respondent: Principal Officer, Public Officers’ Defined Contribution Pension Fund; 4th Respondent: Public Officers’ Defined Contribution Pension Fund; 5th Respondent: Teaching Service Commission; 6th Respondent: Master of the High Court; 7th Respondent: Attorney General
Court
High Court
Jurisdiction
Lesotho
Judgment Date
5 July 2023
Case Number
CIV/APN/105/2021
Procedural Posture
Civil Application / Judgment
Outcome
Application dismissed; counter-claim upheld
Legal Topics
Set Off of Debts From Pension Benefits, Ultra Vires Challenge to Subsidiary Legislation, Unjust Enrichment, Procedural Fairness in Administrative Action
Source Language
English
Pension Law Administrative Law Employment Law Set Off of Debts From Pension Benefits Ultra Vires Challenge to Subsidiary Legislation Unjust Enrichment Procedural Fairness in Administrative Action

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Parties

Mohaila Ralengau

1st Applicant

Molefi Ralengau

2nd Applicant

Ncholu Ralengau

3rd Applicant

Principal Secretary of Education

1st Respondent

Principal Secretary of Finance

2nd Respondent

Principal Officer, Public Officers’ Defined Contribution Pension Fund

3rd Respondent

Public Officers’ Defined Contribution Pension Fund

4th Respondent

Teaching Service Commission

5th Respondent

Master of the High Court

6th Respondent

Attorney General

7th Respondent

Procedural Posture

Civil Application / Judgment

Legal Issues

  1. 1 Whether the Government is entitled to set off alleged salary overpayments from the deceased's pension benefits
  2. 2 Whether the Rule authorising 6.2% deduction for operational costs is ultra vires the Act
  3. 3 Whether the Applicants are entitled to the full pension benefit without deduction

Ratio Decidendi

The Government lawfully exercised its statutory right to set off the salary overpayment from the deceased's pension benefits after proper notice and consultation. The 6.2% deduction for operational costs is intra vires the Act, as the Minister is empowered to determine the rate of contributions, which may include operational costs. Payment of the full benefit without deduction would unjustly enrich the Applicants. No real dispute of fact existed to warrant oral evidence.

Court Disposition

Application dismissed; counter-claim upheld

Orders

  • Main application dismissed
  • Counter-claim by 1st, 2nd and 5th Respondents upheld