Lesotho Case Law

Bocheletsane High School & 5 Others V Mamahlomi Makhetha (C of A (CIV) 13/2025)

Bocheletsane High School & 5 Others V Mamahlomi Makhetha (C of A (CIV) 13/2025) [2025] LSCA 12 (2 May 2025)

Court

Court of Appeal

Case number

C of A (CIV) 13/2025

The Teaching Service Commission acted within its statutory discretion under section 42 of the Education Act 2010 by appointing Ms Mamojalefa, who was the highest-ranked and most qualified candidate. There was no official School Board recommendation in favour of the respondent, and thus no legitimate expectation. The High Court erred in finding procedural unfairness and in setting aside the appointment.

Source excerpt

• Appointment of school principal
• Discretion of appointing authority
• Legitimate expectation
• Procedural fairness
• Judicial review

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Teboho Modia V COMPOL (C of A (CIV) 76/2024)

Teboho Modia V COMPOL (C of A (CIV) 76/2024) [2025] LSCA 34 (2 May 2025)

Court

Court of Appeal

Case number

C of A (CIV) 76/2024

The Court of Appeal held that a prescription plea in a malicious arrest claim could not be decided without oral evidence and remitted the matter to the High Court.

• Malicious arrest
• Prescription
• Damages
• Remittal
• Judicial caution in language
• Malicious-arrest

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Mathabo Mphale V Public Service Commission & 2 Others (C of A (CIV) 72/2024)

Mathabo Mphale V Public Service Commission & 2 Others (C of A (CIV) 72/2024) [2025] LSCA 31 (2 May 2025)

Court

Court of Appeal

Case number

C of A (CIV) 72/2024

The refusal to regrade the appellant was irrational because she functionally performed the duties of a head of department and was similarly situated to Chief Legal Officers who were upgraded under the same circular. The High Court erred by focusing on nomenclature rather than functions, resulting in unjustifiable unequal treatment.

Source excerpt

• Judicial review
• Rationality of administrative action
• Civil service grading
• Discrimination
• Remedies in public law

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Taelo Kolisang V Thabiso Mahase & 4 Others. (C of A (CIV) 55/2019)

Taelo Kolisang V Thabiso Mahase & 4 Others. (C of A (CIV) 55/2019) [2025] LSCA 22 (2 May 2025)

Court

Court of Appeal

Case number

C of A (CIV) 55/2019

The Court of Appeal refused to clarify a prior final order where the requested change would have altered compensation from cost to market value, contrary to functus officio.

• Functus officio
• Interpretation of court orders
• Compensation for improvements
• Judicial finality
• Functus-officio
• Court-order-interpretation

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Glorified Group of Companies (PTY) LTD V The Minister of Agriculture and Food Security & 3 Others (C of A (CIV) 07/2025)

Glorified Group of Companies (PTY) LTD V The Minister of Agriculture and Food Security & 3 Others (C of A (CIV) 07/2025) [2025] LSCA 6 (2 May 2025)

Court

Court of Appeal

Case number

C of A (CIV) 07/2025

Public officials cannot be held in contempt for failing to comply with a court order where compliance would require them to act in contravention of statutory procurement regulations; in such circumstances, non-compliance is not wilful or mala fide and does not attract penal consequences.

Source excerpt

• Contempt of court
• Enforcement of tribunal orders
• Statutory illegality
• Res judicata
• Public contracts

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Limpho Motjolopane V Rex (C of A (CRI) 08/2025)

Limpho Motjolopane V Rex (C of A (CRI) 08/2025) [2025] LSCA 8 (2 May 2025)

Court

Court of Appeal

Case number

C of A (CRI) 08/2025

Court of Appeal allowed a murder conviction appeal, finding material misdirection on self-defence, witness evaluation, and forensic evidence, and entered an acquittal.

• Murder
• Self-defence
• Burden of proof
• Appellate review
• Single witness rule
• Forensic evidence

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Thabiso Mosao V Mabohlale Makakole (Nee Mosa Mosao) & 3 Others (C of A (CIV) 09/2025)

Thabiso Mosao V Mabohlale Makakole (Nee Mosa Mosao) & 3 Others (C of A (CIV) 09/2025) [2025] LSCA 9 (2 May 2025)

Court

Court of Appeal

Case number

C of A (CIV) 09/2025

The Court of Appeal held that a claim to customary heirship is a status question within the High Court’s jurisdiction and need not first go to family arbitration.

• Customary heirship
• Jurisdiction
• Family arbitration
• Status versus property disputes
• Customary-law
• Succession

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The Prime Minister & 3 Others V Nonkululeko Zaly (C of A (CIV) 78/2024)

The Prime Minister & 3 Others V Nonkululeko Zaly (C of A (CIV) 78/2024) [2025] LSCA 36 (2 May 2025)

Court

Court of Appeal

Case number

C of A (CIV) 78/2024

The Court of Appeal held that a fixed-term public service contract was validly terminated under a no-fault notice clause, without a hearing, and set aside the High Court order.

• Termination by notice
• No fault termination
• Audi alteram partem
• Jurisdictional overreach
• Sanctity of contract
• Public service employment

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Thapelo Khadi V Total Lesotho (C of A (CIV) 30/2024)

Thapelo Khadi V Total Lesotho (C of A (CIV) 30/2024) [2025] LSCA 15 (2 May 2025)

Court

Court of Appeal

Case number

C of A (CIV) 30/2024

The Court of Appeal noted an application for leave to appeal an interlocutory pleading order was withdrawn mid-hearing and ordered the applicant to pay costs.

• Leave to appeal
• Interlocutory orders
• Amendment of pleadings
• Piecemeal appeals
• Costs
• Leave-to-appeal

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Sello Buti t/a Classic Distributors V Standard Lesotho Bank & 2 Others (C of A (CIV) 51/2024)

Sello Buti t/a Classic Distributors V Standard Lesotho Bank & 2 Others (C of A (CIV) 51/2024) [2025] LSCA 20 (2 May 2025)

Court

Court of Appeal

Case number

C of A (CIV) 51/2024

The Court of Appeal refused condonation for a 5-year-late appeal, holding the High Court was not functus officio when it set aside an irregular writ of execution.

• Condonation
• Functus officio
• Writ of execution
• In duplum rule
• Appeal procedure
• Functus-officio

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