Moeketsi Mohlahatsa V The Commander, Lesotho Defence Force (CIV/APN/0094/2023) [2025] LSHC 232 (10 February 2025)

Moeketsi Mohlahatsa V The Commander, Lesotho Defence Force (CIV/APN/0094/2023) [2025] LSHC 232 (10 February 2025)

Section 6 of the Government Proceedings and Contracts Act, 1965 does not apply to judicial review proceedings; however, the application was brought after an unreasonable delay of thirteen and fourteen years, which is contrary to the common law requirement to institute review proceedings within a reasonable time. The special plea of prescription is upheld on the ground of unreasonable delay.

Citation
[2025] LSHC 232
Parties
Applicant: Moeketsi Mohlahatsa; Applicant: Thuso Motanyane; Respondent: The Commander, Lesotho Defence Force; Respondent: Attorney General
Court
High Court
Jurisdiction
Lesotho
Judgment Date
10 February 2025
Case Number
CIV/APN/0094/2023
Procedural Posture
Judicial Review / Ruling on Preliminary Objections (special Plea of Prescription)
Outcome
Application dismissed with costs
Legal Topics
Prescription, Judicial Review, Government Liability, Unreasonable Delay
Source Language
English
Administrative Law Civil Procedure Prescription Judicial Review Government Liability Unreasonable Delay

Case Brief

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Parties

Moeketsi Mohlahatsa

Applicant

Thuso Motanyane

Applicant

The Commander, Lesotho Defence Force

Respondent

Attorney General

Respondent

Procedural Posture

Judicial Review / Ruling on Preliminary Objections (special Plea of Prescription)

Legal Issues

  1. 1 Whether Section 6 of the Government Proceedings and Contracts Act, 1965 applies to judicial review proceedings
  2. 2 Whether the applicants' claim is prescribed under statute or common law due to delay

Ratio Decidendi

Section 6 of the Government Proceedings and Contracts Act, 1965 does not apply to judicial review proceedings; however, the application was brought after an unreasonable delay of thirteen and fourteen years, which is contrary to the common law requirement to institute review proceedings within a reasonable time. The special plea of prescription is upheld on the ground of unreasonable delay.

Court Disposition

Application dismissed with costs

Orders

  • The special plea on prescription is upheld
  • The application is dismissed with costs