Lesotho Case Law

Tsotang Seatile & 61 Others V Minister of Justice and Law & 3 Others (C of A (CIV) No. 24/2025)

Tsotang Seatile & 61 Others V Minister of Justice and Law & 3 Others (C of A (CIV) No. 24/2025) [2025] LSCA 55 (7 November 2025)

Court

Court of Appeal

Case number

C of A (CIV) No. 24/2025

The Court of Appeal held that court presidents had no proven legitimate expectation to higher grades and dismissed the appeal, also noting the High Court lacked jurisdiction.

• Legitimate expectation
• Job evaluation and grading
• Jurisdiction
• Procedural fairness
• Legitimate-expectation
• Job-evaluation

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Lietsiso Mothala &76 Others V Director General National Security Service & 3 Others (C of A (CIV) 60/2025)

Lietsiso Mothala &76 Others V Director General National Security Service & 3 Others (C of A (CIV) 60/2025) [2025] LSCA 78 (7 November 2025)

Court

Court of Appeal

Case number

C of A (CIV) 60/2025

The Director General acted unlawfully by resorting to self-help and failing to seek judicial review to set aside the appellants' appointments. The discharge was procedurally defective as the mandatory enquiry and procedures under the Act and Regulations were not followed. The Minister and Prime Minister had no lawful role in the discharge process. The collateral challenge to the lawfulness of the appointments was inconsistent with the respondents' own conduct and failed.

Source excerpt

• Self-help by public officials
• Judicial review of administrative action
• Procedural fairness in dismissal
• Jurisdiction of high court
• Rule of law and state security

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Police Constable Duma V Commissioner of Police & 2 Others (C of A (CIV) No.25/2025)

Police Constable Duma V Commissioner of Police & 2 Others (C of A (CIV) No.25/2025) [2025] LSCA 56 (7 November 2025)

Court

Court of Appeal

Case number

C of A (CIV) No.25/2025

The Court of Appeal held that written representations under section 31(1)(i) of the Police Service Act could satisfy fairness; the appeal was dismissed with costs.

• Dismissal from disciplined forces
• Procedural fairness
• Judicial review of administrative discretion
• Right to fair hearing
• Administrative-law
• Procedural-fairness

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Ntjelo Petje & 6 Others V P.S Ministry of Forestry and Environment in RE: Moorosi Matela & 12 Others V The Government of Lesotho & 6 Others (CIV/APN/197/2019)

Ntjelo Petje & 6 Others V P.S Ministry of Forestry and Environment in RE: Moorosi Matela & 12 Others V The Government of Lesotho & 6 Others (CIV/APN/197/2019) [2025] LSHC 135 (9 June 2025)

Court

High Court

Case number

CIV/APN/197/2019

The 1st respondent is not guilty of contempt of court in respect of the 2nd to 7th applicants as substantial compliance with the court order was demonstrated, considering delays due to appeal and Covid-19. However, the 1st respondent is in contempt regarding the 1st applicant, as there was no evidence of compliance with the court order in his case.

Source excerpt

• Contempt of court
• Compliance with court orders
• Public service employment
• Reinstatement
• Costs

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Motseoa Pule & 90 Others V Ministry of Tourism, Environment and Culture & 2 Others (C of A (CIV) 80/2024)

Motseoa Pule & 90 Others V Ministry of Tourism, Environment and Culture & 2 Others (C of A (CIV) 80/2024) [2025] LSCA 37 (2 May 2025)

Court

Court of Appeal

Case number

C of A (CIV) 80/2024

The High Court correctly declined jurisdiction because the arbitration clause in the employment contracts was binding and had not been set aside or rendered inoperative under section 4 of the Arbitration Act 1980. The interim relief sought was not in aid of arbitration and thus not permissible under section 22. The costs order against the appellants was inappropriate given their circumstances.

Source excerpt

• Jurisdiction
• Arbitration clauses
• Interim interdicts
• Termination of employment
• Costs orders

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The Prime Minister & 3 Others V Nonkululeko Zaly (C of A (CIV) 78/2024)

The Prime Minister & 3 Others V Nonkululeko Zaly (C of A (CIV) 78/2024) [2025] LSCA 36 (2 May 2025)

Court

Court of Appeal

Case number

C of A (CIV) 78/2024

The Court of Appeal held that a fixed-term public service contract was validly terminated under a no-fault notice clause, without a hearing, and set aside the High Court order.

• Termination by notice
• No fault termination
• Audi alteram partem
• Jurisdictional overreach
• Sanctity of contract
• Public service employment

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Molikuoa Sekhonyana & Ano. V Principal Secretary-Ministry of Public Service & 4 Others (C of A (CIV) 70/2024)

Molikuoa Sekhonyana & Ano. V Principal Secretary-Ministry of Public Service & 4 Others (C of A (CIV) 70/2024) [2025] LSCA 42 (2 May 2025)

Court

Court of Appeal

Case number

C of A (CIV) 70/2024

The exclusion of the appellants from regrading to Grade J under Circular No. 7 of 2013 was irrational and arbitrary because they performed equivalent functions to those regraded, and the refusal was based solely on titular differences, contrary to the constitutional requirement of rational, fair, and lawful administrative action.

Source excerpt

• Judicial review
• Rationality
• Unreasonableness
• Public service regrading
• Equality before the law
• Administrative justice

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Moeketsi Lekau & 8 Others V MInistry of Public Service (CIV/APN/458/2021)

Moeketsi Lekau & 8 Others V MInistry of Public Service (CIV/APN/458/2021) [2024] LSHC 222 (13 November 2024)

Court

High Court

Case number

CIV/APN/458/2021

The High Court of Lesotho dismissed a challenge to public service grading changes, finding Grade H in the Human Resources cadre was never abolished.

• Judicial review
• Declaratory orders
• Legitimate expectation
• Public service grading
• Discrimination
• Procedural fairness

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Minister of Local Government and Chieftainship & Ano. V Mataeli Makhele-Sekhantso (C of A (CIV) No 23/2024)

Minister of Local Government and Chieftainship & Ano. V Mataeli Makhele-Sekhantso (C of A (CIV) No 23/2024) [2024] LSCA 21 (1 November 2024)

Court

Court of Appeal

Case number

C of A (CIV) No 23/2024

The Court of Appeal held that ministerial approval was required for renewal of the LAA Director General’s contract, so the Board’s renewal resolution was invalid.

• Appointment powers
• Ministerial approval
• Legitimate expectation
• Procedural fairness
• Judicial review
• Administrative-law

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Lesotho Communications Authority V Mamarame Matela & 3 Others (CIV/APN/0120/2022)

Lesotho Communications Authority V Mamarame Matela & 3 Others (CIV/APN/0120/2022) [2024] LSHC 167 (31 October 2024)

Court

High Court

Case number

CIV/APN/0120/2022

The applicant’s witnesses were credible and corroborated each other that the first respondent took the laptop, iPad, and voice recorder. The first respondent’s explanations were inconsistent and not credible. The applicant discharged the burden of proof on a balance of probabilities that the first respondent has the applicant’s property and must return them.

Source excerpt

• Recovery of property
• Burden of proof
• Suspension of employment
• Return of employer property

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