Lesotho Medical Association and Another v Minister of Health and Others (CONST. CC 19 of 2019) [2020] LSHC 14 (24 June 2020)

Lesotho Medical Association and Another v Minister of Health and Others (CONST. CC 19 of 2019) [2020] LSHC 14 (24 June 2020)

The court held that Directive Principles of State Policy are not justiciable and cannot be enforced directly by the court. However, the Lesotho Medical Association has locus standi to sue on behalf of its members where sufficient interest is shown. The suspension of doctors' call allowances without a hearing was arbitrary and unconstitutional, violating the right to property. The State's failure to provide doctors with personal protective equipment breached its substantive obligation to protect the right to life. The court declined jurisdiction over the 2nd applicant's suspension as adequate remedies existed elsewhere.

Citation
[2020] LSHC 14
Parties
Applicant: Lesotho Medical Association; Applicant: Doctor Makhele Moseme; Respondent: Minister of Health; Respondent: Principal Secretary – Health; Respondent: Minister of Finance; Respondent: Minister of Public Service; Respondent: Attorney General
Court
High Court
Jurisdiction
Lesotho
Judgment Date
24 June 2020
Case Number
CONST. CC 19 of 2019
Procedural Posture
Constitutional Petition / Judgment
Outcome
Partially allowed
Legal Topics
Enforceability of Directive Principles of State Policy, Right to Life, Freedom From Arbitrary Seizure of Property, Right to Just and Favourable Conditions of Work, Locus Standi of Associations, State Obligations to Provide Protective Equipment, Suspension of Allowances, Discrimination and Equality
Source Language
English
Constitutional Law Labour Law Human Rights Enforceability of Directive Principles of State Policy Right to Life Freedom From Arbitrary Seizure of Property Right to Just and Favourable Conditions of Work Locus Standi of Associations +3 more

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Parties

Lesotho Medical Association

Applicant

Doctor Makhele Moseme

Applicant

Minister of Health

Respondent

Principal Secretary – Health

Respondent

Minister of Finance

Respondent

Minister of Public Service

Respondent

Attorney General

Respondent

Procedural Posture

Constitutional Petition / Judgment

Legal Issues

  1. 1 Whether the Directive Principles of State Policy (DPSP) under Chapter III are justiciable and enforceable by the court
  2. 2 Whether the Lesotho Medical Association has locus standi to sue for violation of constitutional rights on behalf of its members
  3. 3 Whether the suspension of 'call allowances' constitutes an unconstitutional arbitrary seizure of property

Ratio Decidendi

The court held that Directive Principles of State Policy are not justiciable and cannot be enforced directly by the court. However, the Lesotho Medical Association has locus standi to sue on behalf of its members where sufficient interest is shown. The suspension of doctors' call allowances without a hearing was arbitrary and unconstitutional, violating the right to property. The State's failure to provide doctors with personal protective equipment breached its substantive obligation to protect the right to life. The court declined jurisdiction over the 2nd applicant's suspension as adequate remedies existed elsewhere.

Court Disposition

Partially allowed

Orders

  • Declaration that failure by the 1st, 2nd and 3rd respondents to provide doctors with personal protective equipment is unconstitutional for violating s.5 of the Constitution.
  • Order directing the 1st and 2nd respondents, in collaboration with the 3rd respondent, to provide medical doctors and other health professionals with personal protective equipment within a reasonable time.