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Lesotho decisions
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Independent Electoral Commission v Speaker of the National Assembly (CIV/P/0002/2022) [2023] LSHC 14 (30 March 2023)
The court held that the IEC misapplied the seat-allocation formula and wrongly included two parties in the second round of proportional representation allocation.
Palime v Kele (CCT/0249/2021) [2023] LSHC 10 (27 March 2023)
The absence of jurisdiction is not apparent ex facie the pleadings; the dispute arises from a sale agreement, which is a commercial transaction within the court's jurisdiction. The exception is misguided and must be dismissed.
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Phakoe Building Construction v Tsilo Star Construction (CCA/0044/2019) [2023] LSHC 11 (13 March 2023)
The Tender Panel lawfully exercised its discretion in disqualifying Phakoe's irregular bid and awarding the tender to Ts’ilo Star Construction (Pty) Ltd. No valid complaint was lodged with the Procurement Unit, thus the PPAD lacked jurisdiction to entertain the appeal. The contract was fully performed, rendering the application moot.
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Rex v Mokhupi (CRI/T/0034/2022) [2023] LSHC 8 (9 March 2023)
The High Court of Lesotho convicted five accused of culpable homicide, not murder, after a fatal assault during an attempted initiation-school escort.
Hata Butle (Pty) Ltd v Khoete (CCA/0022/2017) [2023] LSHC 4 (7 March 2023)
Contempt was proven against 1st, 2nd, 3rd, and 7th Respondents. 1st Respondent was party to and aware of the order; 2nd and 3rd Respondents acted under his authority by entering into sublease agreements in violation of the order. 7th Respondent was notified but did not comply. No evidence against 4th to 6th Respondents. Misjoinder, lis pendens, and non-joinder arguments failed. Dispute of fact was not material to the contempt issue.
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Khabanyane v Commissioner of Police and Others (CIV/T/254/2016) [2023] LSHC 211 (7 March 2023)
The High Court found that police unlawfully assaulted the plaintiff at home and awarded general damages, interest from judgment, and costs.
Koloi v Compol (CIV/APN/0049/2022) [2023] LSHC 154 (2 March 2023)
The High Court held that approved early retirement ended the employment relationship and could not be withdrawn without consent, so no unfair dismissal arose.
Ha Seotsanayana (Pty) Ltd v Litjotjela Mall (Pty) Ltd (CCA/0053/2021) [2023] LSHC 16 (28 February 2023)
The sublease agreement is null and void for lack of registration and statutory consent, and cannot found rights or be enforced. The applicant failed to substantiate a claim for lien due to lack of evidence of enrichment and impoverishment. However, as a bona fide occupier, the applicant is entitled to protection by interdict against unlawful interference with its possession, pending due process of law.
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Qhomane Construction and Transport v Maseru City Council (CCA/0057/2021) [2023] LSHC 12 (28 February 2023)
The extension of the tender submission deadline by telephone was unlawful and violated the principles of transparency and equal treatment. The applicant was not entitled to a contract as the process was fundamentally flawed. The failure to afford the applicant a hearing was noted, but the underlying procurement irregularity was so grave that the decision to re-tender was justified. The application was dismissed as the award to the applicant was invalid.
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Total Lesotho (Pty) Ltd v Khadi (CCT/0136/2016) [2023] LSHC 6 (23 February 2023)
The applicants' amendment is not mala fide, no prejudice will be suffered by the respondent that cannot be cured by costs, and the deponent's locus standi is not in question. The amendment is therefore granted.
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