Ramohlanka v Prime Minister (CONSTITUTIONAL CASE 2 of 2020) [2020] LSHC 33 (2 July 2020)

Ramohlanka v Prime Minister (CONSTITUTIONAL CASE 2 of 2020) [2020] LSHC 33 (2 July 2020)

The government's decision to recover loan payments from former Principal Secretaries but not from similarly circumstanced parliamentarians was based solely on their status as non-parliamentarians, constituting unconstitutional discrimination under section 18 of the Constitution.

Citation
[2020] LSHC 33
Parties
Applicant: Lebohang Ramohlanka; Applicant: 'Mapitso Panyane; Applicant: Majakathata Thakhisi; Applicant: 'Mapaseka Kolotsane; Applicant: 'Mapulumo Mosisili; Applicant: Lebesa Maloi; Respondent: Prime Minister; Respondent: Minister of Finance; Respondent: Principal Secretary of Finance; Respondent: Principal Officer of Specified Offices Defined Contribution Pension Fund; Respondent: Specified Offices Defined Pension Fund; Respondent: Attorney General
Court
High Court
Jurisdiction
Lesotho
Judgment Date
2 July 2020
Case Number
CONSTITUTIONAL CASE 2 of 2020
Procedural Posture
Constitutional Petition / Judgment
Outcome
Petition allowed; declarations and mandatory orders granted.
Legal Topics
Discrimination, Equality Before the Law, Employment Benefits, Pension Rights
Source Language
English
Constitutional Law Discrimination Equality Before the Law Employment Benefits Pension Rights

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Parties

Lebohang Ramohlanka

Applicant

'Mapitso Panyane

Applicant

Majakathata Thakhisi

Applicant

'Mapaseka Kolotsane

Applicant

'Mapulumo Mosisili

Applicant

Lebesa Maloi

Applicant

Prime Minister

Respondent

Minister of Finance

Respondent

Principal Secretary of Finance

Respondent

Principal Officer of Specified Offices Defined Contribution Pension Fund

Respondent

Specified Offices Defined Pension Fund

Respondent

Attorney General

Respondent

Procedural Posture

Constitutional Petition / Judgment

Legal Issues

  1. 1 Whether the government's recovery of loan payments from former Principal Secretaries, but not from similarly circumstanced parliamentarians, constitutes unconstitutional discrimination under section 18 of the Constitution.

Ratio Decidendi

The government's decision to recover loan payments from former Principal Secretaries but not from similarly circumstanced parliamentarians was based solely on their status as non-parliamentarians, constituting unconstitutional discrimination under section 18 of the Constitution.

Court Disposition

Petition allowed; declarations and mandatory orders granted.

Orders

  • Declaration that the government's recovery of loan payments from applicants is unconstitutional.
  • 2nd respondent (Minister of Finance) to provide funds for payment of applicants' gratuity within 30 days.