Lesotho Case Law

Bafani Construction (PTY) Ltd V Road Fund Secretariat & Ano. (C of A (CIV) 85/2024)

Bafani Construction (PTY) Ltd V Road Fund Secretariat & Ano. (C of A (CIV) 85/2024) [2025] LSCA 40 (2 May 2025)

Court

Court of Appeal

Case number

C of A (CIV) 85/2024

The High Court correctly held that while the arbitration clause ousted its jurisdiction over the merits, it retained jurisdiction to grant interim interdicts and spoliation orders under section 22 of the Arbitration Act 1980. The Road Fund Secretariat was a universitas personarum with standing to litigate. The appeal was without merit as the appellant obtained the relief it sought.

Source excerpt

• Jurisdiction of high court with arbitration clause
• Interim interdicts
• Spoliation
• Locus standi of statutory bodies
• Specific performance

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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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Maseru City Council V SCIG-SMCJ-TIM Joint Venture (C of A (CIV) 66/2024)

Maseru City Council V SCIG-SMCJ-TIM Joint Venture (C of A (CIV) 66/2024) [2025] LSCA 26 (2 May 2025)

Court

Court of Appeal

Case number

C of A (CIV) 66/2024

The Court of Appeal held that the High Court could grant interim interdictory relief pending arbitration under the Arbitration Act, despite the arbitration clause.

• Jurisdiction despite arbitration clause
• Interim interdicts
• Guarantee independence
• Fraud exception in guarantees
• Arbitration
• Interim-interdicts

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kesi MDTE Joint Venture v Water and Sewage Company (CCT/0435/2022)

kesi MDTE Joint Venture v Water and Sewage Company (CCT/0435/2022) [2024] LSHC 42 (13 June 2024)

Court

High Court

Case number

CCT/0435/2022

The High Court held that a special plea based on an arbitration clause succeeded, and the court lacked jurisdiction once litigation was unequivocally opposed.

• Arbitration clause interpretation
• Jurisdiction
• Stay of proceedings
• Arbitration-clause-interpretation
• Stay-of-proceedings
• Commercial-litigation

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Letseng Diamond (PTY) Ltd V The President of the Law Society of Lesotho (CCA 19 of 2022)

Letseng Diamond (PTY) Ltd V The President of the Law Society of Lesotho (CCA 19 of 2022) [2023] LSHC 213 (11 May 2023)

Court

High Court

Case number

CCA 19 of 2022

The High Court dismissed an interlocutory bid to file late evidence and upheld the appointment of an arbitrator under a fuel supply contract’s arbitration clause.

• Interpretation of arbitration clauses
• Appointment of arbitrator
• Procedural compliance in arbitration
• Review of arbitral appointments
• Arbitration
• Contract-interpretation

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Phomolong Investment (Pty) Ltd v Kel Property Company (Pty) Ltd (C of A (CIV) 28/2022)

Phomolong Investment (Pty) Ltd v Kel Property Company (Pty) Ltd (C of A (CIV) 28/2022) [2022] LSCA 50 (11 November 2022)

Court

Court of Appeal

Case number

C of A (CIV) 28/2022

The presence of a valid and binding arbitration agreement ousts the jurisdiction of the High Court unless the agreement is set aside for good cause. The special plea raised by the appellant was sufficient to challenge jurisdiction, and the court a quo erred in requiring an application for stay as the only remedy. The respondent failed to show good cause for abandoning arbitration, and the dispute should have been referred to arbitration.

Source excerpt

• Arbitration agreements
• Jurisdiction
• Stay of proceedings
• Special plea
• Sanctity of contract

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Attorney General v Frazer Solar GMBH (CIV/APN/332/2021)

Attorney General v Frazer Solar GMBH (CIV/APN/332/2021) [2022] LSHC 141 (9 November 2022)

Court

High Court

Case number

CIV/APN/332/2021

The Supply Agreement and its arbitration clause are void ab initio as they were concluded in breach of procurement laws, the PFMAA, and the Constitution, without Cabinet or Minister of Finance approval, and contrary to public policy. The arbitration clause cannot survive the invalidity of the main contract. Delay in bringing the application is condoned due to the seriousness of the illegality and the need to uphold the rule of law.

Source excerpt

• Procurement irregularities
• Ministerial authority
• Public finance management
• Constitutional compliance
• Arbitration clause validity
• Delay in review

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Kel Property Company (Pty) Ltd v Phomolong Investment (Pty) Ltd (CCA/83/2013)

Kel Property Company (Pty) Ltd v Phomolong Investment (Pty) Ltd (CCA/83/2013) [2022] LSHC 43 (9 June 2022)

Court

High Court

Case number

CCA/83/2013

The presence of an arbitration clause does not oust the court's jurisdiction; the respondent failed to apply for a stay of proceedings as required by law and delivered pleadings, thus forfeiting the right to arbitration. The applicant, by its conduct, elected to affirm the contract and lost the right to cancel based on earlier breaches. The parties were obliged to review rentals by mutual agreement at specified intervals, and the respondent acted unreasonably in refusing arbitration and proposing two arbitrators contrary to the agreement.

Source excerpt

• Arbitration clause
• Jurisdiction
• Contract interpretation
• Breach of contract
• Election to affirm contract
• Rental review

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Kompi v Government of Lesotho (C of A No. 43B/2021)

Kompi v Government of Lesotho (C of A No. 43B/2021) [2022] LSCA 12 (13 May 2022)

Court

Court of Appeal

Case number

C of A No. 43B/2021

The High Court correctly declined jurisdiction because the appellants were contractually bound to refer the dispute to binding arbitration under the Public Service Act 2005 and failed to seek relief under section 4(2) of the Arbitration Act 1980 to set aside the arbitration agreement; the arbitration clause survives contract termination and governs the dispute.

Source excerpt

• Jurisdiction
• Arbitration agreement
• Exhaustion of remedies
• Public service employment
• Contract termination

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Principal Secretary: Ministry of Agriculture and Food Security v Safeguard Security Cash Management (CCA/0017/2022)

Principal Secretary: Ministry of Agriculture and Food Security v Safeguard Security Cash Management (CCA/0017/2022) [2022] LSHC 47 (12 May 2022)

Court

High Court

Case number

CCA/0017/2022

Raising a preliminary point of jurisdiction does not constitute taking a further step in proceedings under section 7 of the Arbitration Act 1980; the application for stay is granted for arbitrable issues, while non-arbitrable issues remain before the court.

Source excerpt

• Stay of proceedings
• Jurisdiction
• Arbitration agreement
• Contract termination

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