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Lesotho decisions
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Makoa v Alliance of Democrats (C of A (CIV) 41/2022) [2022] LSCA 42 (11 November 2022)
The Court of Appeal held that the party breached its constitution by ordering fresh candidate elections, and the appellant remained entitled to be heard.
Mafaufau v Mafaufau (C of A (CIV) 03/2022) [2022] LSCA 35 (11 November 2022)
The Court of Appeal granted condonation, upheld the custody appeal, set aside the High Court order, and remitted the matter for proper enquiry into the child’s best interests.
Principal Secretary, Ministry of Mining v Gugushe (C of A (CIV) 49/2022) [2022] LSCA 34 (11 November 2022)
The Court of Appeal held that a public officer lawfully resigned by offering one month’s salary in lieu of notice, and disciplinary steps taken after resignation were invalid.
Principal Secretary, Ministry of Local Government and Chieftainship v Seleso (C of A (CIV) 11/2022) [2022] LSCA 36 (11 November 2022)
The respondent's appointment and resulting contract were unlawful and invalid as they did not comply with statutory requirements; therefore, she was not entitled to salary or benefits under the contract.
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Khabele v Chairperson of the Disciplinary Hearing Committee (C of A (CIV) 12/2022) [2022] LSCA 63 (11 November 2022)
The applicant has arguable prospects of success on appeal, particularly on the jurisdictional issue and the manner in which the lower court determined the matter. The balance of hardship favours granting the stay, as proceeding with the disciplinary process without necessary material would prejudice the applicant.
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Leseli Hub Limited v Legalize Daily (C of A (CIV) 47/2022) [2022] LSCA 38 (11 November 2022)
The appeal was dismissed because the appellant failed to bring a formal application for condonation for the late rescission application, and the delay was conceded to be wilful and egregious. Without a satisfactory explanation for the default, the application could not succeed, making it unnecessary to consider the merits or prospects of success.
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Tsukulu v Independent Electoral Commission & 3 Ors (C of A (CIV) 59/2022) [2022] LSCA 31 (11 November 2022)
The Court of Appeal held that a public officer must resign at least one month before nomination; an immediate resignation did not satisfy the regulation.
Min Zhu Enterprise v Ovk Beddyf Bpk (C of A (CIV) 33/2022) [2022] LSCA 47 (11 November 2022)
The Court of Appeal of Lesotho set aside a High Court judgment in a debt-recovery case, holding that procedural unfairness and refusal of a postponement denied a fair trial.
Majoro v Officer Commanding Quthing Police (C of A (CIV) 24/2022) [2022] LSCA 53 (11 November 2022)
The Court of Appeal held that a letter of demand was not required before a condonation application under section 77 of the Police Act.
Lents'a v Independent Electoral Commission (C of A (CIV) 61/2022) [2022] LSCA 29 (11 November 2022)
The Court of Appeal held that a public officer must resign at least one month before nomination and cannot rely on an immediate resignation to qualify for election.
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