Lesotho Case Law

Moeketsi Mohlahatsa & Ano. V The Commander LDF & Ano. (C of A (CIV/REV) No. 39/2025)

Moeketsi Mohlahatsa & Ano. V The Commander LDF & Ano. (C of A (CIV/REV) No. 39/2025) [2025] LSCA 63 (7 November 2025)

Court

Court of Appeal

Case number

C of A (CIV/REV) No. 39/2025

The Court of Appeal held that delayed review was fatal to the gratuity claim but not to the pension claim, which was a continuing wrong. The matter was remitted.

• Unreasonable delay
• Review of administrative action
• Continuing cause of action
• Gratuity vs pension distinction
• Prescription
• Declaratory relief

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Sents'o Ramochela V Vodacom Lesotho & One (C of A (CIV) 72/2022)

Sents'o Ramochela V Vodacom Lesotho & One (C of A (CIV) 72/2022) [2025] LSCA 30 (2 May 2025)

Court

Court of Appeal

Case number

C of A (CIV) 72/2022

Leave to appeal was refused because the Labour Appeal Court had already granted the relief sought and no reasonable prospects of success were shown.

• Unfair dismissal
• Remittal
• Review of arbitration
• Leave to appeal
• Legal representation authority
• Labour-law

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Mathebe Motseki V National Executive Committee & 2 Others (C of A (CIV) 10/2025)

Mathebe Motseki V National Executive Committee & 2 Others (C of A (CIV) 10/2025) [2025] LSCA 10 (2 May 2025)

Court

Court of Appeal

Case number

C of A (CIV) 10/2025

The refusal to afford the appellant an oral hearing in the face of serious allegations and permanent expulsion was unreasonable and procedurally unfair. The NEC failed to justify denying the hearing, and the show-cause procedure did not meet the requirements of fairness. The suspension was also invalid as it was made without a quorum. Both the suspension and termination decisions were unlawful and void ab initio.

Source excerpt

• Disciplinary proceedings
• Natural justice
• Audi alteram partem
• Procedural fairness
• Voluntary associations
• Quorum requirements

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Palo Moshoeshoe V Limkokwing University of Creative Technology (CIV/APN/0347/2022)

Palo Moshoeshoe V Limkokwing University of Creative Technology (CIV/APN/0347/2022) [2024] LSHC 148 (20 August 2024)

Court

High Court

Case number

CIV/APN/0347/2022

The respondent’s decision to suspend the applicant was an exercise of managerial prerogative under the employment relationship, not a public administrative function; therefore, the High Court lacks jurisdiction and the matter falls within the exclusive purview of labour fora.

Source excerpt

• Jurisdiction
• Employment suspension
• Review of administrative action
• Managerial prerogative

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Thabang Jack & 3 Others V Lesotho Revenue Authority & 2 Others (CIV/APN/0105/2022)

Thabang Jack & 3 Others V Lesotho Revenue Authority & 2 Others (CIV/APN/0105/2022) [2023] LSHC 208 (10 November 2023)

Court

High Court

Case number

CIV/APN/0105/2022

The court found that the applicants' case is based on review of an administrative action by a public functionary, not a labour dispute under the Labour Code, and thus falls within the inherent jurisdiction of the High Court. The delay in filing was reasonably explained, and there was insufficient evidence that the matter was finally determined elsewhere to bar the application on grounds of res judicata.

Source excerpt

• Jurisdiction
• Review of administrative action
• Delay in instituting proceedings
• Res judicata

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Revenue Services of Lesotho V Baile Dube & 7 Others (LC/42/2023)

Revenue Services of Lesotho V Baile Dube & 7 Others (LC/42/2023) [2023] LSLAC 170 (25 August 2023)

Court

Labour Appeal Court

Case number

LC/42/2023

The Labour Appeal Court held that a fairness challenge to an employment restructuring policy was an industrial relations dispute within Labour Court jurisdiction.

• Jurisdiction
• Industrial relations
• Restructuring policy
• Fairness of employment policy
• Labour-law
• Industrial-relations

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Khabele v Chairperson of the Disciplinary Hearing Committee (C of A (CIV) 12/2022)

Khabele v Chairperson of the Disciplinary Hearing Committee (C of A (CIV) 12/2022) [2022] LSCA 63 (11 November 2022)

Court

Court of Appeal

Case number

C of A (CIV) 12/2022

The applicant has arguable prospects of success on appeal, particularly on the jurisdictional issue and the manner in which the lower court determined the matter. The balance of hardship favours granting the stay, as proceeding with the disciplinary process without necessary material would prejudice the applicant.

Source excerpt

• Stay of execution
• Leave to appeal
• Disciplinary proceedings
• Jurisdiction

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Ramohafa v Labour Commissioner (C of A (CIV) 17/2022)

Ramohafa v Labour Commissioner (C of A (CIV) 17/2022) [2022] LSCA 58 (11 November 2022)

Court

Court of Appeal

Case number

C of A (CIV) 17/2022

The Labour Appeal Court does not have jurisdiction to review decisions of the Workmen’s Compensation Medical Board under the Workmen’s Compensation Act 1977; such matters must be brought before the Subordinate Court of the Resident Magistrate as expressly provided by the Act. Section 38A of the Labour Code Order does not override the specific jurisdictional provisions of the Workmen’s Compensation Act.

Source excerpt

• Jurisdiction
• Workplace injury
• Compensation assessment
• Review vs appeal

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Jobo v Letshego Holdings (CCA/0068/2021)

Jobo v Letshego Holdings (CCA/0068/2021) [2022] LSHC 59 (18 August 2022)

Court

High Court

Case number

CCA/0068/2021

The Accountant-General’s failure to stop deductions was not wilful or mala fide as salary payments had already been processed and reasonable steps were taken to comply with the order. Applicants are not entitled to refunds as respondents were not unjustly enriched; the deductions were used to repay applicants’ valid loan obligations.

Source excerpt

• Contempt of court
• Unjust enrichment
• Salary deductions
• Microfinance regulation

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Tlali v Eighteenth Episcopal District of the African Methodist Episcopal Church (CIV/APN/287/2021)

Tlali v Eighteenth Episcopal District of the African Methodist Episcopal Church (CIV/APN/287/2021) [2022] LSHC 50 (9 August 2022)

Court

High Court

Case number

CIV/APN/287/2021

The High Court dismissed a judicial review over stopped salary payments, holding the applicant was bound by her founding affidavit admitting dismissal in 2017 and could not rely on new replying evidence.

• Dismissal
• Audi alteram partem
• Salary arrears
• Employment contract
• Review of administrative action
• Judicial-review

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