Security Lesotho (Pty) Ltd v Moepa and Others (CONSTITUTIONAL CASE 12 of 2014) [2015] LSHC 11 (9 June 2015)

Security Lesotho (Pty) Ltd v Moepa and Others (CONSTITUTIONAL CASE 12 of 2014) [2015] LSHC 11 (9 June 2015)

Section 28(1)(b) of the Labour Code Act 1992 is unconstitutional and void to the extent that it restricts a party's entitlement to legal representation before the Labour Court solely on the basis that all other parties are not represented by legal practitioners, as this may deprive a party of a fair trial contrary to section 12(8) of the Constitution of Lesotho.

Citation
[2015] LSHC 11
Parties
Applicant: Security Lesotho (Pty) Ltd; 1st Respondent: Lebohang Moepa; 2nd Respondent: The President of the Labour Court; 3rd Respondent: The Labour Commissioner; 4th Respondent: Minister of Law and Constitutional Affairs; 5th Respondent: The Attorney General
Court
High Court
Jurisdiction
Lesotho
Judgment Date
9 June 2015
Case Number
CONSTITUTIONAL CASE 12 of 2014
Procedural Posture
Constitutional Petition / Judgment
Outcome
Petition allowed; impugned statutory provision declared unconstitutional and severed; costs awarded to applicant.
Legal Topics
Right to Fair Trial, Legal Representation, Labour Court Jurisdiction, Costs in Constitutional Litigation
Source Language
English
Constitutional Law Labour Law Right to Fair Trial Legal Representation Labour Court Jurisdiction Costs in Constitutional Litigation

Case Brief

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Parties

Security Lesotho (Pty) Ltd

Applicant

Lebohang Moepa

1st Respondent

The President of the Labour Court

2nd Respondent

The Labour Commissioner

3rd Respondent

Minister of Law and Constitutional Affairs

4th Respondent

The Attorney General

5th Respondent

Procedural Posture

Constitutional Petition / Judgment

Legal Issues

  1. 1 Whether section 28(1)(b) of the Labour Code Act 1992 is unconstitutional for restricting legal representation before the Labour Court
  2. 2 Whether the restriction infringes the right to a fair trial under section 12(8) of the Constitution of Lesotho

Ratio Decidendi

Section 28(1)(b) of the Labour Code Act 1992 is unconstitutional and void to the extent that it restricts a party's entitlement to legal representation before the Labour Court solely on the basis that all other parties are not represented by legal practitioners, as this may deprive a party of a fair trial contrary to section 12(8) of the Constitution of Lesotho.

Court Disposition

Petition allowed; impugned statutory provision declared unconstitutional and severed; costs awarded to applicant.

Orders

  • Section 28(1)(b) of the Labour Code Act 1992 declared inconsistent with section 12(8) of the Constitution of Lesotho and invalid to the extent it restricts legal representation as stated.
  • The words 'but only when all parties, other than Government, are represented by legal practitioners' in section 28(1)(b) are severed from the subsection.