Lesotho Case Law

Malefetsane Tlali V Retselisitsoe Phoofolo & 2 Others (LC/A/17/2019)

Malefetsane Tlali V Retselisitsoe Phoofolo & 2 Others (LC/A/17/2019) [2024] LSHC 22 (30 October 2024)

Court

High Court

Case number

LC/A/17/2019

Regulations 43 and 44 of Land Regulations, 2011 do not apply to claims for compensation arising from expropriation, as expropriation extinguishes title and only compensation rights accrue; the court a quo erred by focusing on inheritance compliance instead of entitlement to compensation.

Source excerpt

• Expropriation
• Compensation
• Inheritance
• Land rights

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Rex V Rants'o TSoho (CRI/T/0070/2018)

Rex V Rants'o TSoho (CRI/T/0070/2018) [2023] LSHC 255 (25 October 2023)

Court

High Court

Case number

CRI/T/0070/2018

The accused exceeded the limits of private defence by fatally shooting the deceased in the head when less lethal means were available, making him guilty of culpable homicide. His remorse, compensation offer, and first offender status justified a wholly suspended sentence with conditions.

Source excerpt

• Murder
• Culpable homicide
• Private defence
• Sentencing
• Compensation

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Rex v Mosoeu (CRI/T/0088/2017)

Rex v Mosoeu (CRI/T/0088/2017) [2022] LSHC 93 (9 February 2022)

Court

High Court

Case number

CRI/T/0088/2017

The High Court of Lesotho sentenced a man who pleaded guilty to culpable homicide to six years’ imprisonment, wholly suspended for three years, and ordered compensation.

• Culpable homicide
• Sentencing
• Mitigation
• Suspended sentence
• Compensation
• Culpable-homicide

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Lesotho Steel Products v Lehlapaphiri (LC/REV 55 of 13)

Lesotho Steel Products v Lehlapaphiri (LC/REV 55 of 13) [2017] LSLC 9 (19 October 2017)

Court

Labour Court

Case number

LC/REV 55 of 13

The Labour Court reviewed and set aside a DDPR award after finding no substantiated bias and that compensation, leave pay, and bonus were wrongly awarded.

• Disciplinary hearing
• Procedural fairness
• Arbitral award review
• Bias
• Leave pay
• Performance bonus

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Ellerines Furnitures Lesotho (Pty) Ltd v Khuele (LC/REV 39 of 14)

Ellerines Furnitures Lesotho (Pty) Ltd v Khuele (LC/REV 39 of 14) [2017] LSLC 7 (17 August 2017)

Court

Labour Court

Case number

LC/REV 39 of 14

Labour Court review of a dismissal dispute, holding that the arbitrator wrongly treated the initiator as a witness and set aside the DDPR award.

• Unfair dismissal
• Procedural fairness
• Disciplinary hearings
• Role of initiator
• Compensation for procedural impropriety
• Labour-law

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Lesotho Flour Mills v Matsepe (C of A (CIV) 58 of 2015)

Lesotho Flour Mills v Matsepe (C of A (CIV) 58 of 2015) [2016] LSCA 12 (29 April 2016)

Court

Court of Appeal

Case number

C of A (CIV) 58 of 2015

The Court of Appeal held that section 73 of the Labour Code had to be considered after unfair dismissal, but the matter was remitted to the DDPR for factual determination.

• Unfair dismissal
• Reinstatement
• Application of section 73 labour code order 1992
• Remittal to ddpr
• Labour-law
• Unfair-dismissal

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National University of Lesotho v Selinyane and Another (LC/REV 11 of 2015)

National University of Lesotho v Selinyane and Another (LC/REV 11 of 2015) [2015] LSLC 57 (21 September 2015)

Court

Labour Court

Case number

LC/REV 11 of 2015

The Labour Court reviewed and set aside a DDPR award after finding the arbitrator decided remedies without hearing evidence, contrary to section 73.

• Review vs appeal
• Unfair dismissal
• Procedural irregularity
• Reinstatement
• Compensation assessment
• Labour-law

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Bulane v New Star Supermaket (Pty) Ltd (LC 4 of 2015)

Bulane v New Star Supermaket (Pty) Ltd (LC 4 of 2015) [2015] LSLC 43 (7 September 2015)

Court

Labour Court

Case number

LC 4 of 2015

The Labour Court of Lesotho found that Bulane was dismissed for trade union membership, ordered reinstatement, and awarded pay for overtime and weekly rest days.

• Unfair dismissal
• Unpaid overtime
• Weekly rest days
• Trade union membership
• Compensation
• Reinstatement

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Maema v The Rosehip Company (LC 28 of 2015)

Maema v The Rosehip Company (LC 28 of 2015) [2015] LSLC 50 (31 August 2015)

Court

Labour Court

Case number

LC 28 of 2015

The Labour Court of Lesotho found an employee’s retrenchment unfair, rejected an unauthorised postponement request, and awarded compensation, notice pay, and severance.

• Unfair dismissal
• Operational requirements
• Authority to represent
• Procedural fairness
• Compensation
• Unfair-dismissal

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Mphou v Boliba Multi purpose and Corporation and Another (LC/REV 47 of 2011)

Mphou v Boliba Multi purpose and Corporation and Another (LC/REV 47 of 2011) [2015] LSLC 60 (10 August 2015)

Court

Labour Court

Case number

LC/REV 47 of 2011

The Labour Court reviewed a DDPR award in part, finding the arbitrator failed to consider mitigation of loss when fixing compensation for unfair dismissal.

• Review of arbitration award
• Compensation for unfair dismissal
• Procedural fairness
• Severance pay
• Leave pay
• Labour-law

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