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Education law [2025] LSCA 12

Bocheletsane High School & 5 Others V Mamahlomi Makhetha (C of A (CIV) 13/2025)

Bocheletsane High School & 5 Others V Mamahlomi Makhetha (C of A (CIV) 13/2025) [2025] LSCA 12 (2 May 2025)

Court
Court of Appeal
Case number
C of A (CIV) 13/2025

The Teaching Service Commission acted within its statutory discretion under section 42 of the Education Act 2010 by appointing Ms Mamojalefa, who was the highest-ranked and most qualified candidate. There was no official School Board recommendation in favour of the respondent, and thus no legitimate expectation. The High Court erred in finding procedural unfairness and in setting aside the appointment.

Source excerpt

  • Appointment of school principal
  • Discretion of appointing authority
  • Legitimate expectation
  • Procedural fairness
  • Judicial review
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Contract law [2024] LSHC 253

Lesotho College of Education Student Representative Council & Ano. V The Registrar, Lesotho College of Education & 6 Others (CIV/APN/0090/2024)

Lesotho College of Education Student Representative Council & Ano. V The Registrar, Lesotho College of Education & 6 Others (CIV/APN/0090/2024) [2024] LSHC 253 (12 June 2024)

Court
High Court
Case number
CIV/APN/0090/2024

The High Court held that NMDS had to pay the full tuition and academic fees under the loan bursary agreements, and students could continue studies.

  • Interpretation of loan bursary agreements
  • Government funding obligations
  • Statutory duties of educational institutions
  • Mandamus
  • Declaratory relief
  • Consultation requirements in administrative decisions
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Administrative law [2022] LSHC 126

Cana High School v Lesotho Evangelical Church of South Africa School Secretariat Dr. Senekal (CIV/APN/0047/2022)

Cana High School v Lesotho Evangelical Church of South Africa School Secretariat Dr. Senekal (CIV/APN/0047/2022) [2022] LSHC 126 (29 September 2022)

Court
High Court
Case number
CIV/APN/0047/2022

The High Court of Lesotho declined jurisdiction and dismissed an application to compel approval of a school board, finding the requested order would be ineffective.

  • Jurisdiction
  • Mandamus
  • School board appointment
  • Effectiveness of judgments
  • School-board-appointment
  • Effectiveness-of-judgments
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Administrative law [2022] LSHC 34

Nyamane v Lerotholi Polytechnic Governing Council (CIV/APN/0150/2022)

Nyamane v Lerotholi Polytechnic Governing Council (CIV/APN/0150/2022) [2022] LSHC 34 (17 June 2022)

Court
High Court
Case number
CIV/APN/0150/2022

The High Court upheld a student disciplinary retrial ordered by Lerotholi Polytechnic Council, finding the appeal body acted within its powers and reasonably.

  • Judicial review
  • Quasi-judicial bodies
  • Student discipline
  • Appellate powers
  • Procedural fairness
  • Judicial-review
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Administrative law [2020] LSCA 21

School Board of Mapoteng High School v Teaching Service Commission (C of A (CIV) 7 of 20)

School Board of Mapoteng High School v Teaching Service Commission (C of A (CIV) 7 of 20) [2020] LSCA 21 (30 October 2020)

Court
Court of Appeal
Case number
C of A (CIV) 7 of 20

The Teaching Service Commission is not bound by the School Board's order of preference and has discretion to appoint any candidate from the recommended list. There was no evidence of irregularity, irrationality, or unlawfulness in the appointment process. The presumption of regularity applies, and the appellant failed to provide evidence to the contrary. The appeal is dismissed with costs.

Source excerpt

  • Judicial review
  • Appointment of teachers
  • Exercise of discretion
  • Procedural regularity
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Administrative law [2019] LSHC 60

Teleki v Lesotho College of Education (CIV/APN 368 of 19)

Teleki v Lesotho College of Education (CIV/APN 368 of 19) [2019] LSHC 60 (12 December 2019)

Court
High Court
Case number
CIV/APN 368 of 19

High Court review dismissed after a student disciplinary conviction for firearm possession on campus. The court found no fatal procedural unfairness or double jeopardy.

  • Disciplinary proceedings
  • Procedural fairness
  • Double jeopardy
  • Judicial review
  • Judicial-review
  • Procedural-fairness
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Administrative law [2015] LSCA 12

The Director-Lesotho College of Education and Others v Masiu and Others (C of A (CIV) 48 of 2014)

The Director-Lesotho College of Education and Others v Masiu and Others (C of A (CIV) 48 of 2014) [2015] LSCA 12 (7 August 2015)

Court
Court of Appeal
Case number
C of A (CIV) 48 of 2014

The Court of Appeal of Lesotho dismissed an appeal over student disciplinary proceedings, holding that non-disclosure of a key confession statement materially prejudiced the respondents.

  • Disciplinary proceedings
  • Procedural fairness
  • Interpretation of regulations
  • Student rights
  • Administrative-law
  • Education-law
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Administrative law [2014] LSHC 11

Kakhiso Masiu and Others v The Director Lesotho College of Education and Others (CIV/APN 241 of 2014)

Kakhiso Masiu and Others v The Director Lesotho College of Education and Others (CIV/APN 241 of 2014) [2014] LSHC 11 (26 June 2014)

Court
High Court
Case number
CIV/APN 241 of 2014

The High Court of Lesotho set aside student disciplinary proceedings for procedural irregularity, finding the applicants were denied documents and charged under the wrong schedule.

  • Disciplinary proceedings
  • Right to fair hearing
  • Procedural fairness
  • Statutory interpretation
  • Administrative-law
  • Education-law
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Contract law [2014] LSHC 57

Tsoeu and Others v National University of Lesotho (CIV/APN 561 of 2013)

Tsoeu and Others v National University of Lesotho (CIV/APN 561 of 2013) [2014] LSHC 57 (24 June 2014)

Court
High Court
Case number
CIV/APN 561 of 2013

The High Court held that the university could rely on the contract’s termination clause, but the applicants remained entitled to unpaid field allowances earned before termination.

  • Breach of contract
  • Third party rights
  • Termination of contract
  • University governance
  • Audi alteram partem
  • Specific performance
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Administrative law [2014] LSHC 56

Thabo v Mohatlane Skills Training Centre and Others (CIV/APN 84 of 2013)

Thabo v Mohatlane Skills Training Centre and Others (CIV/APN 84 of 2013) [2014] LSHC 56 (31 January 2014)

Court
High Court
Case number
CIV/APN 84 of 2013

The High Court held that the applicant had a legitimate expectation to be heard before a recommendation for his promotion was withdrawn, but he was never substantively appointed as principal.

  • Audi alteram partem
  • Legitimate expectation
  • Jurisdiction
  • Appointment and promotion of teachers
  • Procedural fairness
  • Audi-alteram-partem
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Lesotho decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.