Nonkululeko Zally V The Prime Minister & 3 Others (CIV/APN/0012/2023) [2024] LSHC 200 (18 October 2024)

Nonkululeko Zally V The Prime Minister & 3 Others (CIV/APN/0012/2023) [2024] LSHC 200 (18 October 2024)

The Prime Minister's decision to terminate the Applicant's contract was based on perceived misconduct and breach of trust, thus requiring procedural fairness and a hearing; failure to afford a hearing rendered the termination unlawful.

Citation
[2024] LSHC 200
Parties
Applicant: Nonkululeko Zaly; 1st Respondent: The Prime Minister; 2nd Respondent: Ministry of Trade, Industry, Business Development and Tourism; 3rd Respondent: Public Service Commission; 4th Respondent: The Attorney General
Court
High Court
Jurisdiction
Lesotho
Judgment Date
18 October 2024
Case Number
CIV/APN/0012/2023
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application granted
Legal Topics
Termination of Employment, Executive Power, Procedural Fairness, Audi Alteram Partem, Legitimate Expectation, Judicial Review
Source Language
English
Employment Law Administrative Law Constitutional Law Termination of Employment Executive Power Procedural Fairness Audi Alteram Partem Legitimate Expectation +1 more

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Parties

Nonkululeko Zaly

Applicant

The Prime Minister

1st Respondent

Ministry of Trade, Industry, Business Development and Tourism

2nd Respondent

Public Service Commission

3rd Respondent

The Attorney General

4th Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the audi alteram partem principle applies to executive termination of employment
  2. 2 Whether the Prime Minister's decision to terminate the Applicant's contract was lawful and in good faith
  3. 3 Whether the Applicant was entitled to a hearing before termination

Ratio Decidendi

The Prime Minister's decision to terminate the Applicant's contract was based on perceived misconduct and breach of trust, thus requiring procedural fairness and a hearing; failure to afford a hearing rendered the termination unlawful.

Court Disposition

Application granted

Orders

  • The decision of the 1st Respondent to terminate Applicant’s employment contract is reviewed, corrected and set aside.
  • Respondents are directed to pay the Applicant for the remainder of her contract in salaries and all benefits which accrued or would have accrued.