Lesotho Case Law

Muhammad Ashraf v Director of Public Prosecutions (C of A (CRI) 04/2023)

Muhammad Ashraf v Director of Public Prosecutions (C of A (CRI) 04/2023) [2023] LSCA 5 (17 November 2023)

Court

Court of Appeal

Case number

C of A (CRI) 04/2023

The Court of Appeal has no jurisdiction to entertain an appeal against conviction or sentence from the Subordinate Court before the High Court has heard the matter, except on a point of law arising from the High Court's exercise of revisional jurisdiction. No point of law was raised; the appeal and application for leave to appeal are incompetent and must be struck off the roll.

Source excerpt

• Automatic review
• Jurisdiction of appellate courts
• Sentencing
• Appeal procedure

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Lirahalibonoe Qhobela v Hlakantso Makhekhene (C of A (CIV) 17/2023)

Lirahalibonoe Qhobela v Hlakantso Makhekhene (C of A (CIV) 17/2023) [2023] LSCA 9 (17 November 2023)

Court

Court of Appeal

Case number

C of A (CIV) 17/2023

The principal (appellant) is liable to the respondent for the agent's actions within the scope of authority, and cannot escape liability due to the agent's failure to remit the purchase price. The agreement of 12 April 2022 did not novate but merely varied the original agreement, requiring the respondent to pay an additional M6,000.00. The respondent is entitled to specific performance upon payment of the additional amount.

Source excerpt

• Agency liability
• Specific performance
• Novation
• Variation of contract
• Sale of goods

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Democratic Congress v Independant Electoral Commission & (C OF A (CIV) 25/2023)

Democratic Congress v Independant Electoral Commission & (C OF A (CIV) 25/2023) [2023] LSCA 13 (17 November 2023)

Court

Court of Appeal

Case number

C OF A (CIV) 25/2023

The Court of Appeal upheld the recalculation of proportional representation seats after Lesotho’s 2022 election, dismissing Democratic Congress’s appeal.

• Proportional representation
• Allocation of parliamentary seats
• Election petitions
• Interpretation of electoral statutes
• Electoral-law
• Proportional-representation

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Lesotho People's Congress v Makharilele (C of A (CIV) 76/2022)

Lesotho People's Congress v Makharilele (C of A (CIV) 76/2022) [2023] LSCA 3 (17 November 2023)

Court

Court of Appeal

Case number

C of A (CIV) 76/2022

The Court of Appeal held that the LPC’s 1 November 2014 NEC remained lawful, and that the February 2016 factional conferences were invalid under the party constitution.

• Political parties
• Voluntary associations
• Internal party disputes
• Interpretation of constitutions
• Election of office-bearers
• Political-parties

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Ts'epang Ramots'oari v The Director - Teaching Service Department (C of A (CIV) 19/2023)

Ts'epang Ramots'oari v The Director - Teaching Service Department (C of A (CIV) 19/2023) [2023] LSCA 10 (17 November 2023)

Court

Court of Appeal

Case number

C of A (CIV) 19/2023

The appellant was not dismissed or suspended; barring her from the Maseru office and stopping her salary for failure to report to Mokhotlong did not constitute termination. Disciplinary proceedings were pending, and the employment relationship subsisted. The High Court correctly found no case for review or reinstatement.

Source excerpt

• Summary dismissal
• Reinstatement
• Transfer of public officers
• Disciplinary procedure
• Salary stoppage
• Probationary appointment

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Nala Capital Advisors Pty (Ltd) and Another v Director of Public Prosecutions and Another (C of A (CIV) No. 91/2022)

Nala Capital Advisors Pty (Ltd) and Another v Director of Public Prosecutions and Another (C of A (CIV) No. 91/2022) [2023] LSCA 1 (17 November 2023)

Court

Court of Appeal

Case number

C of A (CIV) No. 91/2022

Both appellants had locus standi to seek rescission as co-accused. The requirements for rescission under Rule 45(1)(a) and common law were not met on the affidavits. However, justice required expunging the finding of a prima facie case and removal of the publication, as the matter was settled, charges withdrawn, and the respondent did not oppose.

Source excerpt

• Rescission of judgment
• Locus standi
• Corporate criminal liability
• Expungement of records
• Probity checks

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Ntoetsi Tau-Tona v 'Maphoka Ramoea & 3 Ors (C OF A (CIV) 23/2023)

Ntoetsi Tau-Tona v 'Maphoka Ramoea & 3 Ors (C OF A (CIV) 23/2023) [2023] LSCA 12 (17 November 2023)

Court

Court of Appeal

Case number

C OF A (CIV) 23/2023

The appeal was incompetent because the appellant failed to obtain leave to appeal as required by section 17 of the Court of Appeal Act. The Court of Appeal has no jurisdiction to entertain the appeal without such leave, regardless of whether the Land Court was exercising review or appellate jurisdiction.

Source excerpt

• Leave to appeal
• Appellate jurisdiction
• Review proceedings
• Section 17 court of appeal act

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Moosa Holdings (Pty) v Messenger of Court - Alexis Mphahama (C OF A (CIV) 11/2023)

Moosa Holdings (Pty) v Messenger of Court - Alexis Mphahama (C OF A (CIV) 11/2023) [2023] LSCA 6 (17 November 2023)

Court

Court of Appeal

Case number

C OF A (CIV) 11/2023

The Court of Appeal held that a messenger’s 5% fee under Rule 21 requires authorization to sell and a valid execution process; variation alone did not withdraw attachment.

• Execution of judgments
• Messenger's fees
• Tax collection
• Interpretation of court rules
• Execution-of-judgments
• Messengers-fees

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Mamphaphathi Katiso & Anor v Nts'ebo Katiso & 5 Ors (C OF A (CIV) 24/2023)

Mamphaphathi Katiso & Anor v Nts'ebo Katiso & 5 Ors (C OF A (CIV) 24/2023) [2023] LSCA 2 (17 November 2023)

Court

Court of Appeal

Case number

C OF A (CIV) 24/2023

The High Court has the competence to grant condonation for late reporting of a death under its inherent jurisdiction, and did not err in refusing to award costs against the applicants in a family dispute over a deceased estate.

Source excerpt

• Condonation for late reporting of death
• Jurisdiction of high court
• Administration of estates
• Costs in family disputes

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Lebohang Moreke v The Prime Minister (C of A (CIV) 15/2023)

Lebohang Moreke v The Prime Minister (C of A (CIV) 15/2023) [2023] LSCA 7 (17 November 2023)

Court

Court of Appeal

Case number

C of A (CIV) 15/2023

The Court of Appeal held that principal secretaries’ contracts could end coterminously with the appointing government and dismissed the appeal with costs.

• Termination of employment
• Statutory interpretation
• Waiver of statutory rights
• Judicial delay
• Employment-law
• Contract-law

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