Napo Seema V Director-National Manpower Development Secretariat & 5 Others (CV of A (CIV) No.33/2025) [2025] LSCA 60 (7 November 2025)
Withdrawal from study leave and resumption of duty by the appellant negated the essential condition for sponsorship and constituted good cause for NMDS to revoke the Loan Bursary Agreement. The regulatory framework requires study leave as a prerequisite for state sponsorship, and its termination extinguishes the basis for continued funding.
- Citation
- [2025] LSCA 60
- Parties
- Appellant: Napo Seema; 1st Respondent: Director – National Manpower Development Secretariat; 2nd Respondent: National Manpower Development Secretariat; 3rd Respondent: National Manpower Development Council; 4th Respondent: Principal Secretary – Ministry of Education; 5th Respondent: Minister of Education and Training; 6th Respondent: Attorney General
- Court
- Court of Appeal
- Jurisdiction
- Lesotho
- Judgment Date
- 7 November 2025
- Case Number
- CV of A (CIV) No.33/2025
- Procedural Posture
- Civil Appeal / Judgment After Appeal
- Outcome
- appeal dismissed with costs
- Legal Topics
- Study Leave, Loan Bursary Agreement, Termination of Sponsorship, Public Officer Obligations
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Napo Seema
Appellant
Director – National Manpower Development Secretariat
1st Respondent
National Manpower Development Secretariat
2nd Respondent
National Manpower Development Council
3rd Respondent
Principal Secretary – Ministry of Education
4th Respondent
Minister of Education and Training
5th Respondent
Attorney General
6th Respondent
Procedural Posture
Civil Appeal / Judgment After Appeal
Legal Issues
- 1 Whether withdrawal from study leave automatically terminates the Loan Bursary Agreement
- 2 Whether NMDS is obliged to continue sponsorship after withdrawal from study leave and resumption of duty
- 3 Whether NMDS had good cause to revoke the bursary agreement
Ratio Decidendi
Withdrawal from study leave and resumption of duty by the appellant negated the essential condition for sponsorship and constituted good cause for NMDS to revoke the Loan Bursary Agreement. The regulatory framework requires study leave as a prerequisite for state sponsorship, and its termination extinguishes the basis for continued funding.
Court Disposition
appeal dismissed with costs
Orders
- The appeal is dismissed with costs.
Full Case Text
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