Seriti Tlokotsi V Director General National Service s & Others (CIV/APN/336/2021) [2023] LSHC 200 (25 August 2023)

Seriti Tlokotsi V Director General National Service s & Others (CIV/APN/336/2021) [2023] LSHC 200 (25 August 2023)

The applicant was retrospectively reinstated and was obliged to report for duty immediately after the order was signed. Her failure to do so was not excusable as she had the order in her possession and her apprehension about management's reaction was self-created. Section 12 of the NSS Act applied, and her absenteeism was without valid excuse or authorization. No grounds for review were established.

Citation
[2023] LSHC 200
Parties
Applicant: Seriti Likotsi; 1st Respondent: Director General National Security Services; 2nd Respondent: Principal Secretary of the Ministry of Defence and National Security; 3rd Respondent: Ministry of Defence and National Security; 4th Respondent: Minister of Defence and National Security; 5th Respondent: Attorney General
Court
High Court
Jurisdiction
Lesotho
Judgment Date
25 August 2023
Case Number
CIV/APN/336/2021
Procedural Posture
Judicial Review / Judgment
Outcome
Application dismissed
Legal Topics
Review of Administrative Action, Dismissal From Employment, Reinstatement, Absenteeism, Interpretation of Court Orders
Source Language
English
Administrative Law Employment Law Review of Administrative Action Dismissal From Employment Reinstatement Absenteeism Interpretation of Court Orders

Case Brief

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Parties

Seriti Likotsi

Applicant

Director General National Security Services

1st Respondent

Principal Secretary of the Ministry of Defence and National Security

2nd Respondent

Ministry of Defence and National Security

3rd Respondent

Minister of Defence and National Security

4th Respondent

Attorney General

5th Respondent

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the applicant's dismissal for absenteeism was irregular and unlawful under section 12 of the National Security Services Act 1998
  2. 2 Whether the applicant's failure to report for duty was excusable in light of the circumstances surrounding service of the reinstatement order

Ratio Decidendi

The applicant was retrospectively reinstated and was obliged to report for duty immediately after the order was signed. Her failure to do so was not excusable as she had the order in her possession and her apprehension about management's reaction was self-created. Section 12 of the NSS Act applied, and her absenteeism was without valid excuse or authorization. No grounds for review were established.

Court Disposition

Application dismissed

Orders

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