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Lesotho decisions
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Beleme Lebajoa V COMPOL (CIV/APN/0178/2022) [2023] LSHC 126 (3 August 2023)
The High Court of Lesotho ordered the first respondent to pay wasted costs on an attorney-and-client scale after a last-minute recusal application caused a postponement.
Maliehe V EuroTyres PTY LTD (CCA/0092/2022) [2023] LSHC 133 (3 August 2023)
The court dismissed a shareholder’s claim for payment of share value while the company remained undissolved, holding that any buy-out must follow section 41 of the Companies Act 2011.
Mathabo Lephoto V PS- Office of the Prime Minister & 4 Others (CIV/APN/0219/2022) [2023] LSHC 257 (2 August 2023)
The withdrawal of concurrence by the 2nd respondent was a preliminary step in a multi-staged decision and did not have a direct legal effect on the applicant’s rights; thus, it was not reviewable. There was no legal obligation for the applicant to be heard at that stage, nor was there a proven failure to give reasons for a final decision. The applicant failed to establish a clear legal right to the transfer or the absence of an alternative remedy, precluding the grant of a mandamus.
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Mohaila Ralengau V Principal Secretary, Ministry of Education & 6 Others (CIV/APN/105/2021) [2023] LSHC 166 (5 July 2023)
The Government lawfully exercised its statutory right to set off the salary overpayment from the deceased's pension benefits after proper notice and consultation. The 6.2% deduction for operational costs is intra vires the Act, as the Minister is empowered to determine the rate of contributions, which may include operational costs. Payment of the full benefit without deduction would unjustly enrich the Applicants. No real dispute of fact existed to warrant oral evidence.
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Mofomobe and Shale v. The Prime Minister and Others (CONSTITUTIONAL CASE 7 of 2023; CONSTITUTIONAL CASE 9 of 2023) [2023] LSHC 125 (20 June 2023)
Section 26(2) of the National Security Service Act is unconstitutional as it lacks adequate safeguards against abuse, allowing executive warrants without independent oversight. The Minister who issued the warrants was not properly designated. The warrants were vague, overbroad, and failed to specify offences or provide sufficient factual basis. The seizure and search of applicants' cellphones violated their constitutional rights to privacy and freedom from arbitrary seizure of property. Investigation of murder and money laundering is outside the NSS mandate and requires judicially authorized…
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Rex V Moji (CRI/T/125/2012) [2023] LSHC 101 (19 May 2023)
The High Court of Lesotho admitted the accused’s confession, found corroborating evidence aliunde, and convicted him of murder and robbery.
Letseng Diamond (PTY) Ltd V The President of the Law Society of Lesotho (CCA 19 of 2022) [2023] LSHC 213 (11 May 2023)
The High Court dismissed an interlocutory bid to file late evidence and upheld the appointment of an arbitrator under a fuel supply contract’s arbitration clause.
Letsie Office Park (Pty) Ltd v Lesotho Revenue Authority (CIV (A) 02/2021) [2023] LSHC 19 (4 May 2023)
The High Court held that VAT vendor registration under section 17(1)(b) applies when taxable supplies begin, and upheld the Commissioner General's adjustment of the effective date.
Ramashamole V Mathiba (CCT/ 258 of 2022) [2023] LSHC 90 (4 May 2023)
The High Court of Lesotho dismissed an application to rescind default judgment, holding the applicant was in wilful default and lacked a bona fide defence.
Tsikoane v Tsikoane (CCA/0017/2019) [2023] LSHC 23 (4 May 2023)
There is a deadlock in the management of the company due to irretrievable breakdown of trust and confidence among shareholders, making it impossible to conduct business for their benefit; judicial dissolution is warranted under section 171(b)(i) of the Companies Act 2011.
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