Lekhooa v Prime Minister (CONSTITUTIONAL CASE 17 of 2017) [2019] LSHC 50 (5 August 2019)

Lekhooa v Prime Minister (CONSTITUTIONAL CASE 17 of 2017) [2019] LSHC 50 (5 August 2019)

The Prime Minister's decision to terminate the applicant's secondment without affording him a hearing and without observing the three months' notice period breached the principle of legality and the Rule of Law, rendering the termination unconstitutional. The applicant is entitled to salary and benefits for the...

Source-derived case information.

Citation
[2019] LSHC 50
Parties
Applicant: Tumo Lekhooa; 1st Respondent: The Prime Minister; 2nd Respondent: The Minister of Defence and National Security; 3rd Respondent: Minister of Law and Constitutional Affairs; 4th Respondent: The Attorney General
Court
High Court
Jurisdiction
Lesotho
Judgment Date
5 August 2019
Case Number
CONSTITUTIONAL CASE 17 of 2017
Procedural Posture
Constitutional Petition / Judgment
Outcome
Application partly allowed
Legal Topics
Executive Power, Procedural Fairness, Termination of Employment, Rule of Law, Judicial Review
Source Language
english
Constitutional Law Administrative Law Employment Law Executive Power Procedural Fairness Termination of Employment Rule of Law Judicial Review

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Parties

Tumo Lekhooa

Applicant

The Prime Minister

1st Respondent

The Minister of Defence and National Security

2nd Respondent

Minister of Law and Constitutional Affairs

3rd Respondent

The Attorney General

4th Respondent

Procedural Posture

Constitutional Petition / Judgment

Legal Issues

  1. 1 Whether the Prime Minister's termination of the applicant's secondment as Director General of the National Security Service without notice and hearing was unconstitutional
  2. 2 Whether the High Court sitting as a Constitutional Court had jurisdiction over the matter
  3. 3 Whether the applicant was entitled to salary and benefits for the notice period

Ratio Decidendi

The Prime Minister's decision to terminate the applicant's secondment without affording him a hearing and without observing the three months' notice period breached the principle of legality and the Rule of Law, rendering the termination unconstitutional. The applicant is entitled to salary and benefits for the three months' notice period.

Court Disposition

Application partly allowed

Orders

  • The termination of applicant’s appointment on secondment as Director General of the National Security Service is declared unconstitutional.
  • The applicant is entitled to emoluments and commensurate benefits for three months’ notice period as Director General of the National Security Service calculated from the date of termination of secondment.