Mokoka V Minister of Police (CIV/T 507 of 2016) [2023] LSHC 31 (13 February 2023)

Mokoka V Minister of Police (CIV/T 507 of 2016) [2023] LSHC 31 (13 February 2023)

The plaintiff was not lawfully promoted to Inspector as his name was not included in the official list issued by the Commissioner; the subsequent message including his name was a nullity as it did not emanate from the competent authority. There was no demotion, and the correction did not require judicial review. The audi principle does not apply as there was no loss of status or rights.

Citation
[2023] LSHC 31
Parties
Plaintiff: Tsietsi Mokoka; 1st Defendant: Minister of Police; 2nd Defendant: Commissioner of Police; 3rd Defendant: Attorney General
Court
High Court
Jurisdiction
Lesotho
Judgment Date
13 February 2023
Case Number
CIV/T 507 of 2016
Procedural Posture
Civil / Judgment
Outcome
Dismissed with costs
Legal Topics
Police Promotions, Demotion, Judicial Review, Procedural Fairness
Source Language
English
Administrative Law Employment Law Police Promotions Demotion Judicial Review Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Tsietsi Mokoka

Plaintiff

Minister of Police

1st Defendant

Commissioner of Police

2nd Defendant

Attorney General

3rd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff was promoted to the rank of Inspector and thereafter demoted to Sergeant
  2. 2 Whether the Commissioner of Police is precluded by law from correcting the erroneous promotion except by instituting self-review proceedings

Ratio Decidendi

The plaintiff was not lawfully promoted to Inspector as his name was not included in the official list issued by the Commissioner; the subsequent message including his name was a nullity as it did not emanate from the competent authority. There was no demotion, and the correction did not require judicial review. The audi principle does not apply as there was no loss of status or rights.

Court Disposition

Dismissed with costs

Orders

  • The plaintiff’s case is dismissed with costs.