Pusetso Moleko V Ministry of Social Development & Ano. (CIV/ADP/0015/2024) [2025] LSHC 34 (18 March 2025)

Pusetso Moleko V Ministry of Social Development & Ano. (CIV/ADP/0015/2024) [2025] LSHC 34 (18 March 2025)

The applicant lacks locus standi to bring the adoption application; only the Department of Social Welfare may do so. The reasons advanced by the parents for giving up the child for adoption are not weighty or sufficient, amounting to a dereliction of statutory parental responsibilities. Adoption cannot be used to evade parental maintenance obligations.

Citation
[2025] LSHC 34
Parties
Applicant: Pusetso Moleko; 1st Respondent: Ministry of Social Development; 2nd Respondent: Attorney General
Court
High Court
Jurisdiction
Lesotho
Judgment Date
18 March 2025
Case Number
CIV/ADP/0015/2024
Procedural Posture
Adoption Application / Judgment
Outcome
Application dismissed
Legal Topics
Adoption, Parental Responsibility, Locus Standi, Child Maintenance
Source Language
English
Family Law Child Law Adoption Parental Responsibility Locus Standi Child Maintenance

Case Brief

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Parties

Pusetso Moleko

Applicant

Ministry of Social Development

1st Respondent

Attorney General

2nd Respondent

Procedural Posture

Adoption Application / Judgment

Legal Issues

  1. 1 Whether the applicant has locus standi to bring adoption proceedings
  2. 2 Whether the reasons advanced by the parents for giving up the child for adoption are sufficient and justifiable under the law

Ratio Decidendi

The applicant lacks locus standi to bring the adoption application; only the Department of Social Welfare may do so. The reasons advanced by the parents for giving up the child for adoption are not weighty or sufficient, amounting to a dereliction of statutory parental responsibilities. Adoption cannot be used to evade parental maintenance obligations.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.
  • There is no order as to costs.