Kefeletsoe Mojela V Ministry of Local Government and Chieftainship & 3 Others (CIV/APN/0186/2022) [2024] LSHC 79 (17 May 2024)

Kefeletsoe Mojela V Ministry of Local Government and Chieftainship & 3 Others (CIV/APN/0186/2022) [2024] LSHC 79 (17 May 2024)

The appointment of the applicant and the resulting contract were unlawful and invalid because there was no notice published in the Gazette as required by section 13(3) of the Local Government Service Act 2008. The Principal Secretary had no power to appoint or terminate the applicant, and the statutory requirements...

Source-derived case information.

Citation
[2024] LSHC 79
Parties
Applicant: Kefeletsoe Mojela; 1st Respondent: Ministry of Local Government and Chieftainship; 2nd Respondent: Principal Secretary – Ministry of Local Government; 3rd Respondent: Local Government Service Commission; 4th Respondent: The Attorney General
Court
High Court
Jurisdiction
Lesotho
Judgment Date
17 May 2024
Case Number
CIV/APN/0186/2022
Procedural Posture
Judicial Review / Administrative Law Application / Judgment After Hearing of Opposed Motion
Outcome
Prayers for review, reinstatement, and declaration of ultra vires action are dismissed. Partial monetary relief granted.
Legal Topics
Appointment and Removal of Public Officers, Ultra Vires Actions, Statutory Interpretation, Delegation of Ministerial Powers, Validity of Public Appointments
Source Language
english
Administrative Law Employment Law Public Service Law Appointment and Removal of Public Officers Ultra Vires Actions Statutory Interpretation Delegation of Ministerial Powers Validity of Public Appointments

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Parties

Kefeletsoe Mojela

Applicant

Ministry of Local Government and Chieftainship

1st Respondent

Principal Secretary – Ministry of Local Government

2nd Respondent

Local Government Service Commission

3rd Respondent

The Attorney General

4th Respondent

Procedural Posture

Judicial Review / Administrative Law Application / Judgment After Hearing of Opposed Motion

Legal Issues

  1. 1 Whether the appointment of the applicant as commissioner was lawful and valid in the absence of a Gazette notice as required by section 13(3) of the Local Government Service Act 2008
  2. 2 Whether the Principal Secretary could lawfully appoint or terminate the applicant as commissioner
  3. 3 Whether the applicant is entitled to reinstatement and benefits

Ratio Decidendi

The appointment of the applicant and the resulting contract were unlawful and invalid because there was no notice published in the Gazette as required by section 13(3) of the Local Government Service Act 2008. The Principal Secretary had no power to appoint or terminate the applicant, and the statutory requirements are mandatory and not subject to waiver or delegation.

Court Disposition

Prayers for review, reinstatement, and declaration of ultra vires action are dismissed. Partial monetary relief granted.

Orders

  • Prayers 2, 3, and 4 of the Notice of Motion are dismissed.
  • The Second Respondent is ordered to pay the Applicant M76,000.00 for cell phone value and allowance.