Lents'a v Independent Electoral Commission (CIV/APN/0286/2022/& CIV/APN/0288/2022) [2022] LSHC 125 (22 September 2022)

Lents'a v Independent Electoral Commission (CIV/APN/0286/2022/& CIV/APN/0288/2022) [2022] LSHC 125 (22 September 2022)

Applicants failed to comply with the mandatory one month notice of resignation required by Section 143(3) of the Public Service Regulations, 2008, and were still public officers at the time of their nomination, thus disqualified under Section 40(2)(c) of the National Assembly Electoral Act, 2011. The IEC acted...

Source-derived case information.

Citation
[2022] LSHC 125
Parties
Applicant: Morero Lents’a; Applicant: Democratic Congress; Applicant: Chepane Mothae; Respondent: Independent Electoral Commission
Court
High Court
Jurisdiction
Lesotho
Judgment Date
22 September 2022
Case Number
CIV/APN/0286/2022/& CIV/APN/0288/2022
Procedural Posture
Constitutional and Administrative Law Application (electoral Dispute) / Judgment After Hearing
Outcome
Applications dismissed with costs
Legal Topics
Nomination of Candidates, Disqualification of Public Officers, Right to Be Heard, Resignation Notice Requirements, Powers of the Electoral Commission
Source Language
english
Electoral Law Administrative Law Constitutional Law Nomination of Candidates Disqualification of Public Officers Right to Be Heard Resignation Notice Requirements Powers of the Electoral Commission

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 14 Party arguments 2
Sign in to unlock

Parties

Morero Lents’a

Applicant

Democratic Congress

Applicant

Chepane Mothae

Applicant

Independent Electoral Commission

Respondent

Procedural Posture

Constitutional and Administrative Law Application (electoral Dispute) / Judgment After Hearing

Legal Issues

  1. 1 Whether the applicants were still public officers at the time of their nomination and thus disqualified under Section 40(2)(c) of the National Assembly Electoral Act, 2011
  2. 2 Whether the applicants complied with the resignation notice requirements under Section 143(3) of the Public Service Regulations, 2008
  3. 3 Whether the Independent Electoral Commission acted lawfully in rejecting the nominations

Ratio Decidendi

Applicants failed to comply with the mandatory one month notice of resignation required by Section 143(3) of the Public Service Regulations, 2008, and were still public officers at the time of their nomination, thus disqualified under Section 40(2)(c) of the National Assembly Electoral Act, 2011. The IEC acted within its powers in vetting and rejecting the nominations. The right to be heard was not expressly required by the statute prior to rejection.

Court Disposition

Applications dismissed with costs

Orders

  • Both applications are dismissed with costs.