Lesotho Highlands Development Authority v Ranthamane (LAC/REV/75/05; LC/REV/364/06) [2007] LSLC 1 (14 February 2007)

Lesotho Highlands Development Authority v Ranthamane (LAC/REV/75/05; LC/REV/364/06) [2007] LSLC 1 (14 February 2007)

Refusal of absolution from the instance by a DDPR arbitrator is an interlocutory ruling, not final, and thus not reviewable or appealable. The DDPR regulations do not provide for absolution at the close of the plaintiff’s case; the arbitrator is required to settle the dispute to finality.

Citation
[2007] LSLC 1
Parties
Applicant: Lesotho Highlands Development Authority; 1st Respondent: Tumisang Ranthamane; 2nd Respondent: DDPR (Arbitrator Mosisidi); 3rd Respondent: Attorney General
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
14 February 2007
Case Number
LAC/REV/75/05 ; LC/REV/364/06
Procedural Posture
Review Application / Judgment on Review of Interlocutory Ruling
Outcome
application dismissed with costs
Legal Topics
Absolution From the Instance, Interlocutory Orders, Reviewability of Arbitral Rulings, Leave Entitlement
Source Language
English
Labour Law Arbitration Absolution From the Instance Interlocutory Orders Reviewability of Arbitral Rulings Leave Entitlement

Case Brief

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Parties

Lesotho Highlands Development Authority

Applicant

Tumisang Ranthamane

1st Respondent

DDPR (Arbitrator Mosisidi)

2nd Respondent

Attorney General

3rd Respondent

Procedural Posture

Review Application / Judgment on Review of Interlocutory Ruling

Legal Issues

  1. 1 Whether the DDPR arbitrator erred in refusing absolution from the instance at the close of the applicant’s evidence
  2. 2 Whether refusal of absolution is reviewable or appealable
  3. 3 Whether DDPR regulations provide for absolution procedure

Ratio Decidendi

Refusal of absolution from the instance by a DDPR arbitrator is an interlocutory ruling, not final, and thus not reviewable or appealable. The DDPR regulations do not provide for absolution at the close of the plaintiff’s case; the arbitrator is required to settle the dispute to finality.

Court Disposition

application dismissed with costs

Orders

  • Review application dismissed with costs.
  • Referral of the 1st respondent to be set down for finalization before the original arbitrator without undue delay.