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Lesotho decisions
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Teboho Liau V Minister of Defence and National Security & 3 Others (C of A (CIV) 22/2025) [2025] LSCA 52 (7 November 2025)
The Court of Appeal granted condonation for a late review, held the matter was not res judicata, and set aside punitive costs against the appellant.
Mataeli Makhele-Sekhantso V Minister of Local Government and Chieftainship & Ano. (C of A (CIV) 23/2024) [2025] LSCA 53 (7 October 2025)
The Court of Appeal does not have constitutional or statutory jurisdiction to review its own judgments, but may do so under its inherent jurisdiction only in exceptional circumstances involving a patent error or gross miscarriage of justice. The review application did not meet this threshold. There is no requirement that a review be heard by the same judges who decided the appeal; panel composition is an internal matter. Both the review application and the objection to the panel's composition lacked merit and were dismissed. To prevent abuse, a new gatekeeping procedure for review application…
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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) [2025] LSHC 135 (9 June 2025)
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.
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Monate Catering & 5 Others V Ministry of Health-Tender Panel & 13 Other s (C of A (CIV) 84/2023) [2025] LSCA 39 (2 May 2025)
The Court of Appeal allowed withdrawal of a review application that failed to annex the judgment challenged, finding the papers unintelligible and ordered no costs.
Thapelo Khadi V Total Lesotho (C of A (CIV) 30/2024) [2025] LSCA 15 (2 May 2025)
The Court of Appeal noted an application for leave to appeal an interlocutory pleading order was withdrawn mid-hearing and ordered the applicant to pay costs.
Mataeli Makhele-Sekhantso V Attorney General & 2 Others (C of A (CIV) 23/2024) [2025] LSCA 14 (2 May 2025)
The Court of Appeal of Lesotho granted a postponement after counsel died and replacement counsel lacked preparation time, ordering the applicants to pay costs.
Khotso Mphaki V The Learned Magistrate Qacha's Nek Magistrate & 3 Others (C of A (CIV) 45/2024) [2025] LSCA 19 (2 May 2025)
The Court of Appeal postponed a civil appeal to October 2025 after a respondent lacked funds for counsel, with the existing stay of execution left in place.
JERINAH GOOLAM ESSANEY V ABRAHAM JOSEPH & 6 Others (C of A (CIV) 12/2025) [2025] LSCA 11 (2 May 2025)
The Court of Appeal struck an appeal off the roll after late withdrawal of condonation, and ordered attorney-and-client costs for the wasted time and expense.
Mampolokeng Matela V Democratic Congress & 6 Others. (C of A (CIV) 57/2024) [2025] LSCA 23 (2 May 2025)
The Court of Appeal postponed a civil appeal because the appellant’s condonation application for late filing was served only on the morning of hearing, prejudicing procedural fairness.
The Board of Directors, Lesotho Electricity Company (PTY) LTD V Ministry of Energy & 10 Others (CIV/APN/0216/2024) [2025] LSHC 3 (4 February 2025)
The Minister, as representative of the sole shareholder, had authority to issue show cause letters and remove the Board without convening a special meeting. The process did not violate the Companies Act or Articles of Association. The applicants had no right to interdict or review the removal; their remedy lies in damages. The Minister's removal of the Board during pending proceedings was misconduct warranting censure by way of a punitive costs order.
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