Moeletsi v Teaching Service Commission (CIV/APN 21 of 13) [2013] LSHC 95 (18 November 2013)

Moeletsi v Teaching Service Commission (CIV/APN 21 of 13) [2013] LSHC 95 (18 November 2013)

The applicants' right to a fair hearing was violated as the Deputy Principal both preferred charges and chaired the disciplinary proceedings, contrary to the rules of natural justice and statutory requirements. The recommendation for dismissal was not made by the authorized body. The proceedings were set aside for procedural irregularities.

Citation
[2013] LSHC 95
Parties
Applicant: Sephohle Moeletsi; Applicant: Thabang Griffiths; Applicant: Mafaesa Mashesha; Respondent: Teaching Service Commission; Respondent: Minister of Education; Respondent: Attorney General
Court
High Court
Jurisdiction
Lesotho
Judgment Date
18 November 2013
Case Number
CIV/APN 21 of 13
Procedural Posture
Judicial Review / Judgment
Outcome
Application granted
Legal Topics
Disciplinary Proceedings, Natural Justice, Procedural Fairness, Employment Termination
Source Language
English
Administrative Law Labour Law Education Law Disciplinary Proceedings Natural Justice Procedural Fairness Employment Termination

Case Brief

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Parties

Sephohle Moeletsi

Applicant

Thabang Griffiths

Applicant

Mafaesa Mashesha

Applicant

Teaching Service Commission

Respondent

Minister of Education

Respondent

Attorney General

Respondent

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the applicants' right to a fair hearing was violated in disciplinary proceedings
  2. 2 Whether the Deputy Principal could both prefer charges and chair the disciplinary panel
  3. 3 Whether the recommendation for dismissal was properly made by the authorized body

Ratio Decidendi

The applicants' right to a fair hearing was violated as the Deputy Principal both preferred charges and chaired the disciplinary proceedings, contrary to the rules of natural justice and statutory requirements. The recommendation for dismissal was not made by the authorized body. The proceedings were set aside for procedural irregularities.

Court Disposition

Application granted

Orders

  • Disciplinary proceedings against applicants set aside
  • Applicants' dismissal declared null and void, unlawful, and of no legal force or effect