Mokuena v Judicial Service Commission (CIV/T/457B/2005) [2023] LSHC 18 (4 April 2023)

Mokuena v Judicial Service Commission (CIV/T/457B/2005) [2023] LSHC 18 (4 April 2023)

The applicant's legitimate expectation was not protected as the policy requiring an LLB degree for promotion was lawfully implemented and communicated. There was no evidence that similarly qualified juniors were promoted after the policy change. The applicant did not challenge the policy itself as arbitrary or unfair, and thus no damages could be awarded.

Citation
[2023] LSHC 18
Parties
Applicant: Mateboho Mokuena; 1st Respondent: Judicial Service Commission; 2nd Respondent: Attorney General
Court
High Court
Jurisdiction
Lesotho
Judgment Date
4 April 2023 4 April 2023 7 March 2023
Case Number
CIV/T/457B/2005
Procedural Posture
Civil / Judgment
Outcome
Claim dismissed
Legal Topics
Legitimate Expectation, Promotion in Public Service, Administrative Policy Change, Damages for Non Promotion
Source Language
English
Administrative Law Employment Law Legitimate Expectation Promotion in Public Service Administrative Policy Change Damages for Non Promotion

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Parties

Mateboho Mokuena

Applicant

Judicial Service Commission

1st Respondent

Attorney General

2nd Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the applicant had a legitimate expectation to be promoted based on past practice and policy
  2. 2 Whether the Judicial Service Commission's policy change was lawful and properly communicated
  3. 3 Whether the applicant is entitled to damages for non-promotion

Ratio Decidendi

The applicant's legitimate expectation was not protected as the policy requiring an LLB degree for promotion was lawfully implemented and communicated. There was no evidence that similarly qualified juniors were promoted after the policy change. The applicant did not challenge the policy itself as arbitrary or unfair, and thus no damages could be awarded.

Court Disposition

Claim dismissed