Lesotho Case Law

Lietsiso Mothala &76 Others V Director General National Security Service & 3 Others (C of A (CIV) 60/2025)

Lietsiso Mothala &76 Others V Director General National Security Service & 3 Others (C of A (CIV) 60/2025) [2025] LSCA 78 (7 November 2025)

Court

Court of Appeal

Case number

C of A (CIV) 60/2025

The Director General acted unlawfully by resorting to self-help and failing to seek judicial review to set aside the appellants' appointments. The discharge was procedurally defective as the mandatory enquiry and procedures under the Act and Regulations were not followed. The Minister and Prime Minister had no lawful role in the discharge process. The collateral challenge to the lawfulness of the appointments was inconsistent with the respondents' own conduct and failed.

Source excerpt

• Self-help by public officials
• Judicial review of administrative action
• Procedural fairness in dismissal
• Jurisdiction of high court
• Rule of law and state security

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Police Constable Duma V Commissioner of Police & 2 Others (C of A (CIV) No.25/2025)

Police Constable Duma V Commissioner of Police & 2 Others (C of A (CIV) No.25/2025) [2025] LSCA 56 (7 November 2025)

Court

Court of Appeal

Case number

C of A (CIV) No.25/2025

The Court of Appeal held that written representations under section 31(1)(i) of the Police Service Act could satisfy fairness; the appeal was dismissed with costs.

• Dismissal from disciplined forces
• Procedural fairness
• Judicial review of administrative discretion
• Right to fair hearing
• Administrative-law
• Procedural-fairness

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Thabiso Lekitla V Rex (C of A (CRI) 12/2025)

Thabiso Lekitla V Rex (C of A (CRI) 12/2025) [2025] LSCA 75 (7 November 2025)

Court

Court of Appeal

Case number

C of A (CRI) 12/2025

Court of Appeal dismissed a recusal appeal in a murder case, holding the trial judge applied the correct bias test and showed firmness, not bias.

• Judicial recusal
• Impartiality
• Appearance of bias
• Case management
• Postponement
• Judicial civility

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Napo Seema V Director-National Manpower Development Secretariat & 5 Others (CV of A (CIV) No.33/2025)

Napo Seema V Director-National Manpower Development Secretariat & 5 Others (CV of A (CIV) No.33/2025) [2025] LSCA 60 (7 November 2025)

Court

Court of Appeal

Case number

CV of A (CIV) No.33/2025

Withdrawal from study leave and resumption of duty by the appellant negated the essential condition for sponsorship and constituted good cause for NMDS to revoke the Loan Bursary Agreement. The regulatory framework requires study leave as a prerequisite for state sponsorship, and its termination extinguishes the basis for continued funding.

Source excerpt

• Study leave
• Loan bursary agreement
• Termination of sponsorship
• Public officer obligations

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Likhapha Seliane V The Principal Secretary- Ministry of Foreign Affairs and International Relations & 2 Others (C of A (CIV) No 18/2025)

Likhapha Seliane V The Principal Secretary- Ministry of Foreign Affairs and International Relations & 2 Others (C of A (CIV) No 18/2025) [2025] LSCA 49 (7 November 2025)

Court

Court of Appeal

Case number

C of A (CIV) No 18/2025

Lesotho Court of Appeal held that recalling a consul general for lack of exequatur was unlawful, and awarded compensation for the unexpired term.

• Diplomatic appointments
• Termination of employment
• Legitimate expectation
• Procedural fairness
• Vienna convention on consular relations
• Exequatur

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Hlomohang Morokole & 4 Others V The Principal Secretary , Ministry of Foreign Affairs and International Relations & 2 Others (C of A (CIV) No 15/2025)

Hlomohang Morokole & 4 Others V The Principal Secretary , Ministry of Foreign Affairs and International Relations & 2 Others (C of A (CIV) No 15/2025) [2025] LSCA 48 (7 November 2025)

Court

Court of Appeal

Case number

C of A (CIV) No 15/2025

The Court of Appeal held that prescription was not properly raised, the salary-conversion exclusion was not shown to be contractual, and the High Court ignored key review grounds.

• Judicial review
• Prescription
• Incorporation of contractual terms
• Diplomatic service
• Unequal treatment
• Executive policy reviewability

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Lesotho Police Staff Association V Tanki Ratsiu & 5 Others (C of A (CIV) No.38/2025)

Lesotho Police Staff Association V Tanki Ratsiu & 5 Others (C of A (CIV) No.38/2025) [2025] LSCA 62 (7 November 2025)

Court

Court of Appeal

Case number

C of A (CIV) No.38/2025

The Court of Appeal set aside punitive costs against the appellant, holding it had been improperly joined and was not heard before the adverse order.

• Punitive costs
• Misjoinder
• Audi alteram partem
• Judicial discretion
• Appellate review
• Punitive-costs

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Thabo Khetheng & Ano. V Director of Public Prosecutions (C of A (CRI REV) 2/2025)

Thabo Khetheng & Ano. V Director of Public Prosecutions (C of A (CRI REV) 2/2025) [2025] LSCA 77 (7 November 2025)

Court

Court of Appeal

Case number

C of A (CRI REV) 2/2025

The High Court's failure to record any justification for hearing the bail petition in chambers, and the absence of exceptional circumstances, amounted to a gross irregularity that rendered the proceedings a nullity. Bail proceedings must be conducted in open court unless exceptional circumstances are shown.

Source excerpt

• Open justice
• Bail proceedings
• Judicial review
• Victims' rights

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Morena Mariti V ABSA Bank Limited & 3 Others (C of A (CIV) No.47/2025)

Morena Mariti V ABSA Bank Limited & 3 Others (C of A (CIV) No.47/2025) [2025] LSCA 66 (7 November 2025)

Court

Court of Appeal

Case number

C of A (CIV) No.47/2025

The Court of Appeal upheld an urgent order placing a disputed vehicle in police custody pending appeal, holding that ABSA showed prima facie ownership and risk of dissipation.

• Urgent applications
• Interim custody of disputed property
• Ownership and possession
• Rei vindicatio
• Spoliation
• Suspension of execution pending appeal

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Lesotho Association of Non-Formal Education V Women Going Beyond & Ano. (C of A (CIV) No.37/2025)

Lesotho Association of Non-Formal Education V Women Going Beyond & Ano. (C of A (CIV) No.37/2025) [2025] LSCA 61 (7 November 2025)

Court

Court of Appeal

Case number

C of A (CIV) No.37/2025

The High Court misdirected itself by refusing rescission solely on procedural lateness without assessing good cause and prospects of success. The Court of Appeal found that the absence of a formal condonation application was not fatal and that the matter should be remitted for a hearing on the merits.

Source excerpt

• Rescission of default judgment
• Condonation for late filing
• Power of attorney
• Judicial discretion

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