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Lesotho decisions
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Rex v Motsoane (CRI/T/0014/2018) [2022] LSHC 159 (12 December 2022)
The High Court of Lesotho acquitted the remaining accused in a murder case, finding the prosecution failed to prove common purpose beyond reasonable doubt.
Ntoi v Netloans Lesotho (Pty) Ltd (CIV/APN/399/2016) [2022] LSHC 168 (2 December 2022)
The first to third respondents are not money lenders within the meaning of the Money Lenders Act 1989 as amended, but are credit-only microfinance institutions licensed under the Financial Institutions Act 2012 and its regulations. Therefore, the Money Lenders Act does not apply to their business or to the applicant's loan, and the charges and interest levied are governed by the Financial Institutions Act and its regulations. There is no inconsistency between the two regimes as each applies to distinct segments of the financial sector.
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Independent Electoral Commission v Speaker of the National Assembly (Const. No. 0022/2022) [2022] LSHC 164 (1 December 2022)
High Court held that disputes over proportional representation seats must be brought under the Electoral Act, not by motion under constitutional procedure.
Lemeke v Sefali (CCT/0468/2021) [2022] LSHC 165 (30 November 2022)
The defendants' exception based on non-joinder and misjoinder does not fall within the ambit of rule 29(1)(a) because the alleged defects do not appear ex facie the pleadings and would require introduction of new evidence; such defences should be raised by special plea, not exception.
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Khasoane T/a Molemo Bricks v Letseng Diamond (CCA/0117/2022) [2022] LSHC 161 (23 November 2022)
The applicant failed to demonstrate genuine urgency as he could be afforded substantial redress in due course, specifically through a claim for damages. The application was an abuse of court process due to undue haste and lack of justification for urgency.
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Platinum Credit Limited No v Platcorp Holdings Limited (C of A (CIV) 82/2022) [2022] LSCA 27 (17 November 2022)
Court of Appeal of Lesotho stayed a contempt incarceration order, holding the applicants should have been allowed to mitigate sentence before imprisonment.
Jappie Catering v Ministry of Health (CCA/0113/2022) [2022] LSHC 170 (15 November 2022)
Applicant failed to establish urgency as business loss does not justify preferential treatment; failed to prove a prima facie right or irreparable harm as contract had expired and no constitutional discrimination was shown; interim interdict requirements not met.
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Lesotho National General Insurance Company Ltd v Rhythm & Stealth (Pty) Ltd (C of A (CIV) 19/2022) [2022] LSCA 59 (11 November 2022)
The Court of Appeal of Lesotho ordered release of a detained vehicle against security, holding the High Court should have exercised its discretion.
Phomolong Investment (Pty) Ltd v Kel Property Company (Pty) Ltd (C of A (CIV) 28/2022) [2022] LSCA 50 (11 November 2022)
The presence of a valid and binding arbitration agreement ousts the jurisdiction of the High Court unless the agreement is set aside for good cause. The special plea raised by the appellant was sufficient to challenge jurisdiction, and the court a quo erred in requiring an application for stay as the only remedy. The respondent failed to show good cause for abandoning arbitration, and the dispute should have been referred to arbitration.
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Makhalemele v Board of Enquiry of the National Security Service (C of A (CIV) 38/2022) [2022] LSCA 43 (11 November 2022)
The Notice of Motion sought a declaration of unconstitutionality of legislation, which is a constitutional issue. The High Court, sitting as Constitutional Court, had jurisdiction based on the pleadings, even if the supporting affidavit was vague. The High Court conflated the merits with the jurisdictional inquiry and erred in declining jurisdiction.
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