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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Napo Seema V Director-National Manpower Development Secretariat & 5 Others (CV of A (CIV) No.33/2025)

Napo Seema V Director-National Manpower Development Secretariat & 5 Others (CV of A (CIV) No.33/2025) [2025] LSCA 60 (7 November 2025)

Court

Court of Appeal

Case number

CV of A (CIV) No.33/2025

Withdrawal from study leave and resumption of duty by the appellant negated the essential condition for sponsorship and constituted good cause for NMDS to revoke the Loan Bursary Agreement. The regulatory framework requires study leave as a prerequisite for state sponsorship, and its termination extinguishes the basis for continued funding.

Source excerpt

• Study leave
• Loan bursary agreement
• Termination of sponsorship
• Public officer obligations

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Likhapha Seliane V The Principal Secretary- Ministry of Foreign Affairs and International Relations & 2 Others (C of A (CIV) No 18/2025)

Likhapha Seliane V The Principal Secretary- Ministry of Foreign Affairs and International Relations & 2 Others (C of A (CIV) No 18/2025) [2025] LSCA 49 (7 November 2025)

Court

Court of Appeal

Case number

C of A (CIV) No 18/2025

Lesotho Court of Appeal held that recalling a consul general for lack of exequatur was unlawful, and awarded compensation for the unexpired term.

• Diplomatic appointments
• Termination of employment
• Legitimate expectation
• Procedural fairness
• Vienna convention on consular relations
• Exequatur

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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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Mathabo Mphale V Public Service Commission & 2 Others (C of A (CIV) 72/2024)

Mathabo Mphale V Public Service Commission & 2 Others (C of A (CIV) 72/2024) [2025] LSCA 31 (2 May 2025)

Court

Court of Appeal

Case number

C of A (CIV) 72/2024

The refusal to regrade the appellant was irrational because she functionally performed the duties of a head of department and was similarly situated to Chief Legal Officers who were upgraded under the same circular. The High Court erred by focusing on nomenclature rather than functions, resulting in unjustifiable unequal treatment.

Source excerpt

• Judicial review
• Rationality of administrative action
• Civil service grading
• Discrimination
• Remedies in public law

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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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Kefeletsoe Mojela V Ministry of Local Government and Chieftainship & 3 Others (CIV/APN/0186/2022)

Kefeletsoe Mojela V Ministry of Local Government and Chieftainship & 3 Others (CIV/APN/0186/2022) [2024] LSHC 79 (17 May 2024)

Court

High Court

Case number

CIV/APN/0186/2022

The High Court held that a commissioner’s appointment was unlawful without Gazette publication under section 13(3) of the Local Government Service Act 2008.

• Appointment and removal of public officers
• Ultra vires actions
• Statutory interpretation
• Delegation of ministerial powers
• Validity of public appointments
• Administrative-law

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Ts'epang Ramots'oari v The Director - Teaching Service Department (C of A (CIV) 19/2023)

Ts'epang Ramots'oari v The Director - Teaching Service Department (C of A (CIV) 19/2023) [2023] LSCA 10 (17 November 2023)

Court

Court of Appeal

Case number

C of A (CIV) 19/2023

The appellant was not dismissed or suspended; barring her from the Maseru office and stopping her salary for failure to report to Mokhotlong did not constitute termination. Disciplinary proceedings were pending, and the employment relationship subsisted. The High Court correctly found no case for review or reinstatement.

Source excerpt

• Summary dismissal
• Reinstatement
• Transfer of public officers
• Disciplinary procedure
• Salary stoppage
• Probationary appointment

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Lebohang Moreke v The Prime Minister (C of A (CIV) 15/2023)

Lebohang Moreke v The Prime Minister (C of A (CIV) 15/2023) [2023] LSCA 7 (17 November 2023)

Court

Court of Appeal

Case number

C of A (CIV) 15/2023

The Court of Appeal held that principal secretaries’ contracts could end coterminously with the appointing government and dismissed the appeal with costs.

• Termination of employment
• Statutory interpretation
• Waiver of statutory rights
• Judicial delay
• Employment-law
• Contract-law

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Masentle Mpobole & Ano. V The Principal Secretary- Ministry of Public Service, Labour and Employment & 2 Others. (CIV/APN/0193/2023)

Masentle Mpobole & Ano. V The Principal Secretary- Ministry of Public Service, Labour and Employment & 2 Others. (CIV/APN/0193/2023) [2023] LSHC 256 (29 August 2023)

Court

High Court

Case number

CIV/APN/0193/2023

The applicants' claims arose from their employment contracts and should have been brought within two years from their respective dates of appointment. The prescriptive period under section 6 of the Act is mandatory and not subject to interruption by internal communications. The claims were filed long after the expiry of the prescriptive period and are therefore dismissed as prescribed.

Source excerpt

• Prescription
• Employment contracts
• Government liability
• Salary grading
• Mandatory interdicts

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