Thaele v Mothepu and Others (CIV/APN 217 of 85) [1988] LSCA 134 (22 August 1988)

Thaele v Mothepu and Others (CIV/APN 217 of 85) [1988] LSCA 134 (22 August 1988)

The court held that the 1985 delimitation order was valid and the elections conducted under it were lawful. The petitioner's reliance on the old law was misplaced due to the retrospective operation of the amendment. However, the relief sought had already been granted by subsequent legislation which dissolved...

Source-derived case information.

Citation
[1988] LSCA 134
Parties
Petitioner: Banyane Ernest Thaele; Respondent: Raymond Mothepu; Respondent: Phoso Moketa; Respondent: Benedict Mdtuibe; Respondent: Paul Letlala 'Mabathoana; Respondent: Chief Electoral Officer; Respondent: Attorney-General; Respondent: The Hon. The Prime Minister (Dr. Leabua -Joseph Jonathan); Respondent: The Speaker of the National Assembly (John Teboho Kolane)
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
22 August 1988
Case Number
CIV/APN 217 of 85
Procedural Posture
Election Petition / Judgment
Outcome
petition dismissed
Legal Topics
Validity of Elections, Delimitation of Constituencies, Retrospective Legislation, Costs
Source Language
english
Constitutional Law Election Law Validity of Elections Delimitation of Constituencies Retrospective Legislation Costs

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Summary, issues, holding and outcome

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Parties

Banyane Ernest Thaele

Petitioner

Raymond Mothepu

Respondent

Phoso Moketa

Respondent

Benedict Mdtuibe

Respondent

Paul Letlala 'Mabathoana

Respondent

Chief Electoral Officer

Respondent

Attorney-General

Respondent

The Hon. The Prime Minister (Dr. Leabua -Joseph Jonathan)

Respondent

The Speaker of the National Assembly (John Teboho Kolane)

Respondent

Procedural Posture

Election Petition / Judgment

Legal Issues

  1. 1 Whether the 1985 general elections and returns of specified respondents were invalid due to improper delimitation of constituencies
  2. 2 Whether Government Notice No. 102 of 1985 and the Parliament Amendment Act 1985 were void
  3. 3 Whether the Speaker of the National Assembly was validly elected

Ratio Decidendi

The court held that the 1985 delimitation order was valid and the elections conducted under it were lawful. The petitioner's reliance on the old law was misplaced due to the retrospective operation of the amendment. However, the relief sought had already been granted by subsequent legislation which dissolved Parliament and invalidated the elections.

Court Disposition

petition dismissed

Orders

  • Respondents awarded costs of the petition