Lesotho Case Law

Road Fund Secretariat V Bafani Construction (PTY) LTD & 3 Others (CCA/0048/2024)

Road Fund Secretariat V Bafani Construction (PTY) LTD & 3 Others (CCA/0048/2024) [2025] LSHC 245 (18 September 2025)

Court

High Court

Case number

CCA/0048/2024

The 1st respondent is in contempt of court for wilfully and unreasonably failing to refer the dispute to arbitration as ordered, and its excuses of poverty and procedural delay are not bona fide. Punitive measures cannot be imposed on unnamed and uncited directors due to lack of joinder and procedural fairness.

Source excerpt

• Contempt of court
• Arbitration
• Company liability
• 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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Glorified Group of Companies (PTY) LTD V The Minister of Agriculture and Food Security & 3 Others (C of A (CIV) 07/2025)

Glorified Group of Companies (PTY) LTD V The Minister of Agriculture and Food Security & 3 Others (C of A (CIV) 07/2025) [2025] LSCA 6 (2 May 2025)

Court

Court of Appeal

Case number

C of A (CIV) 07/2025

Public officials cannot be held in contempt for failing to comply with a court order where compliance would require them to act in contravention of statutory procurement regulations; in such circumstances, non-compliance is not wilful or mala fide and does not attract penal consequences.

Source excerpt

• Contempt of court
• Enforcement of tribunal orders
• Statutory illegality
• Res judicata
• Public contracts

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Moitheri Mohapi V PS, Ministry of Public Service (CIV/APN/0007/2023)

Moitheri Mohapi V PS, Ministry of Public Service (CIV/APN/0007/2023) [2024] LSHC 179 (24 September 2024)

Court

High Court

Case number

CIV/APN/0007/2023

The High Court of Lesotho ordered the Principal Secretary to show cause why she should not be committed for contempt after non-compliance with a consent order.

• Contempt of court
• Enforcement of court orders
• Harmonisation of public service remuneration
• Contempt-of-court
• Enforcement-of-court-orders
• Civil-procedure

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Maieane Khaketla V COMPOL (CIV/T/0114/2017)

Maieane Khaketla V COMPOL (CIV/T/0114/2017) [2024] LSHC 133 (10 July 2024)

Court

High Court

Case number

CIV/T/0114/2017

The plaintiff’s arrest was lawful as he committed contempt of court in the presence of police, justifying arrest without a warrant under section 24(a) of the Criminal Procedure and Evidence Act. The manner of arrest was not wrongful as the plaintiff refused to comply voluntarily. The subsequent detention was also lawful, and the claims for damages and contumelia fail for lack of wrongfulness.

Source excerpt

• Unlawful arrest
• Detention
• Contempt of court
• Damages
• Police powers

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Metsing Khoete v Hata-Butle (Pty) Ltd (C of A (CIV) 20/2023)

Metsing Khoete v Hata-Butle (Pty) Ltd (C of A (CIV) 20/2023) [2023] LSCA 11 (17 November 2023)

Court

Court of Appeal

Case number

C of A (CIV) 20/2023

The appellants' non-compliance with the rules of court was egregious, inadequately explained, and not bona fide. The cumulative effect of late filing of the record, failure to apply for condonation for late heads of argument, and failure to provide security for costs as required by the rules warranted refusal of condonation and striking the appeal off the roll, regardless of prospects of success.

Source excerpt

• Contempt of court
• Interlocutory relief
• Appeal procedure
• Security for costs
• Condonation
• Non-compliance with rules

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Minister of Local Government and Chieftainship Affairs V Moseme Makhele (CIV/APN/143/2021)

Minister of Local Government and Chieftainship Affairs V Moseme Makhele (CIV/APN/143/2021) [2023] LSHC 173 (31 October 2023)

Court

High Court

Case number

CIV/APN/143/2021

The High Court of Lesotho dismissed a rescission bid, holding there was no procedural error in a default judgment or contempt order and that service on the Ministry was sufficient.

• Rescission of judgment
• Default judgment
• Contempt of court
• Service of process
• Rescission-of-judgment
• Default-judgment

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Ntlatsang v Motloli Catering (CCA/0025/2020)

Ntlatsang v Motloli Catering (CCA/0025/2020) [2023] LSHC 21 (4 May 2023)

Court

High Court

Case number

CCA/0025/2020

The 4th and 5th respondents are not in contempt of court as their disobedience was not willful and mala fide; however, they have no valid lien over the vehicle as they failed to prove necessary expenditure or enrichment of the applicant. The vehicle must be released as per the court order.

Source excerpt

• Contempt of court
• Lien
• Negotiorum gestio
• Enrichment
• Storage agreement

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Hata Butle (Pty) Ltd v Khoete (CCA/0022/2017)

Hata Butle (Pty) Ltd v Khoete (CCA/0022/2017) [2023] LSHC 4 (7 March 2023)

Court

High Court

Case number

CCA/0022/2017

Contempt was proven against 1st, 2nd, 3rd, and 7th Respondents. 1st Respondent was party to and aware of the order; 2nd and 3rd Respondents acted under his authority by entering into sublease agreements in violation of the order. 7th Respondent was notified but did not comply. No evidence against 4th to 6th Respondents. Misjoinder, lis pendens, and non-joinder arguments failed. Dispute of fact was not material to the contempt issue.

Source excerpt

• Contempt of court
• Interdicts
• Agency
• Joinder and non-joinder
• Lis pendens

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Platinum Credit Limited No v Platcorp Holdings Limited (C of A (CIV) 82/2022)

Platinum Credit Limited No v Platcorp Holdings Limited (C of A (CIV) 82/2022) [2022] LSCA 27 (17 November 2022)

Court

Court of Appeal

Case number

C of A (CIV) 82/2022

Court of Appeal of Lesotho stayed a contempt incarceration order, holding the applicants should have been allowed to mitigate sentence before imprisonment.

• Contempt of court
• Right to fair hearing
• Mitigation of sentence
• Stay of execution
• Contempt-of-court
• Fair-hearing

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