Malefane and Others v Letseng Diamonds (Pty) Ltd (CONSTITUTIONAL CASE 8 of 2014) [2014] LSHC 92 (25 August 2014)

Malefane and Others v Letseng Diamonds (Pty) Ltd (CONSTITUTIONAL CASE 8 of 2014) [2014] LSHC 92 (25 August 2014)

Applicants failed to show a prima facie right or a realistic probability of constitutional rights being violated; consent to polygraph testing was given and exclusion of external legal representation did not, in itself, violate the right to a fair hearing under the circumstances.

Citation
[2014] LSHC 92
Parties
Applicant: ‘Mope Malefane; Applicant: Retselisitsoe Mabetha; Applicant: Mokoma Tseetsane; Respondent: Letšeng Diamond (Pty) Ltd
Court
High Court
Jurisdiction
Lesotho
Judgment Date
25 August 2014
Case Number
CONSTITUTIONAL CASE 8 of 2014
Procedural Posture
Constitutional Petition / Judgment on Urgent Application for Interim Relief
Outcome
Application dismissed with costs
Legal Topics
Right to Fair Hearing, Legal Representation in Disciplinary Proceedings, Polygraph Testing and Self Incrimination, Freedom From Cruel, Inhuman or Degrading Treatment, Equality Before the Law
Source Language
English
Constitutional Law Labour Law Human Rights Right to Fair Hearing Legal Representation in Disciplinary Proceedings Polygraph Testing and Self Incrimination Freedom From Cruel, Inhuman or Degrading Treatment Equality Before the Law

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Parties

‘Mope Malefane

Applicant

Retselisitsoe Mabetha

Applicant

Mokoma Tseetsane

Applicant

Letšeng Diamond (Pty) Ltd

Respondent

Procedural Posture

Constitutional Petition / Judgment on Urgent Application for Interim Relief

Legal Issues

  1. 1 Whether exclusion of external legal representation in disciplinary proceedings violates sections 4(h) and 12(8) of the Constitution
  2. 2 Whether polygraph testing of employees violates rights against self-incrimination and freedom from cruel, inhuman or degrading treatment under sections 8 and 12(7)
  3. 3 Whether there is a prima facie probability of threatened infringement of constitutional rights justifying interim relief

Ratio Decidendi

Applicants failed to show a prima facie right or a realistic probability of constitutional rights being violated; consent to polygraph testing was given and exclusion of external legal representation did not, in itself, violate the right to a fair hearing under the circumstances.

Court Disposition

Application dismissed with costs