Mots'eoa Pule & 90 Others V Ministry of Tourism, Environment and Culture & 2 Others (CIV/APN/0028/2023) [2024] LSHC 274 (4 September 2024)

Mots'eoa Pule & 90 Others V Ministry of Tourism, Environment and Culture & 2 Others (CIV/APN/0028/2023) [2024] LSHC 274 (4 September 2024)

The existence of a binding arbitration clause in the applicants' contracts ousts the jurisdiction of the High Court to entertain the dispute. The parties voluntarily chose arbitration as their dispute resolution mechanism, and the court must respect that choice unless the agreement is set aside or found contrary to public policy, which is not the case here.

Citation
[2024] LSHC 274
Parties
Applicant: Mots`eoa Pule and 90 Others; 1st Respondent: Ministry of Tourism, Environment and Culture; 2nd Respondent: Lesotho Highlands Development Authority; 3rd Respondent: Attorney-General
Court
High Court
Jurisdiction
Lesotho
Judgment Date
4 September 2024
Case Number
CIV/APN/0028/2023
Procedural Posture
Civil Application / Judgment on Jurisdictional Objection
Outcome
Application dismissed for want of jurisdiction with costs.
Legal Topics
Jurisdiction, Arbitration Clauses, Contractual Dispute Resolution, Termination of Employment
Source Language
English
Employment Law Civil Procedure Jurisdiction Arbitration Clauses Contractual Dispute Resolution Termination of Employment

Case Brief

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Parties

Mots`eoa Pule and 90 Others

Applicant

Ministry of Tourism, Environment and Culture

1st Respondent

Lesotho Highlands Development Authority

2nd Respondent

Attorney-General

3rd Respondent

Procedural Posture

Civil Application / Judgment on Jurisdictional Objection

Legal Issues

  1. 1 Whether the High Court has jurisdiction to review the termination of applicants' employment contracts in light of a binding arbitration clause
  2. 2 Whether the termination constituted an exercise of public administrative function under Section 119(1) of the Constitution of Lesotho

Ratio Decidendi

The existence of a binding arbitration clause in the applicants' contracts ousts the jurisdiction of the High Court to entertain the dispute. The parties voluntarily chose arbitration as their dispute resolution mechanism, and the court must respect that choice unless the agreement is set aside or found contrary to public policy, which is not the case here.

Court Disposition

Application dismissed for want of jurisdiction with costs.

Orders

  • Application dismissed for want of jurisdiction with costs on an ordinary scale.