Police Constable Duma V COMPOL & 2 Others (CIV/APN/0321/2022) [2025] LSHC 66 (14 March 2025)

Police Constable Duma V COMPOL & 2 Others (CIV/APN/0321/2022) [2025] LSHC 66 (14 March 2025)

The applicant was afforded an opportunity to make written representations as required by Section 31(1)(i) of the Police Service Act, 1998. The Commissioner acted within statutory authority and did not act arbitrarily, irrationally, or in breach of natural justice. An oral hearing was not required by law in these circumstances.

Citation
[2025] LSHC 66
Parties
Applicant: Police Constable Duma; 1st Respondent: Commissioner of Police; 2nd Respondent: Human Resource Office; 3rd Respondent: The Attorney General
Court
High Court
Jurisdiction
Lesotho
Judgment Date
14 March 2025
Case Number
CIV/APN/0321/2022
Procedural Posture
Judicial Review Application / Judgment
Outcome
Application dismissed with costs.
Legal Topics
Judicial Review, Dismissal From Public Service, Natural Justice, Right to Be Heard
Source Language
English
Administrative Law Judicial Review Dismissal From Public Service Natural Justice Right to Be Heard

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Parties

Police Constable Duma

Applicant

Commissioner of Police

1st Respondent

Human Resource Office

2nd Respondent

The Attorney General

3rd Respondent

Procedural Posture

Judicial Review Application / Judgment

Legal Issues

  1. 1 Whether the applicant was denied a fair hearing before dismissal
  2. 2 Whether the Commissioner of Police acted within statutory powers under Section 31(1)(i) of the Police Service Act, 1998

Ratio Decidendi

The applicant was afforded an opportunity to make written representations as required by Section 31(1)(i) of the Police Service Act, 1998. The Commissioner acted within statutory authority and did not act arbitrarily, irrationally, or in breach of natural justice. An oral hearing was not required by law in these circumstances.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.