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Lesotho Case Law

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Constitutional law [2017] LSHC 7

Rammokoane and Others v PS Ministry of Defence (CIV/APN 71 of 16)

Rammokoane and Others v PS Ministry of Defence (CIV/APN 71 of 16) [2017] LSHC 7 (26 January 2017)

The High Court held that the applicants were not lawfully appointed as public officers because the Public Service Commission did not make or authorise their appointments.

  • Public service appointments
  • Delegation of authority
  • Termination of employment
  • Estoppel
  • Public-service-applications
  • Public-service-appointments
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Administrative law [2013] LSHC 209

Lenea v Passport Officer (CIV/APN 406 of 12)

Lenea v Passport Officer (CIV/APN 406 of 12) [2013] LSHC 209 (13 June 2013)

The High Court of Lesotho set aside disciplinary dismissals after finding the hearing was chaired by someone not authorized by law, making the process unlawful.

  • Jurisdictional error
  • Delegation of authority
  • Procedural fairness
  • Disciplinary proceedings
  • Natural justice
  • Legitimate expectation
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Education law [2012] LSCA 50

Mohau and Others v Nulis and Others (C of A (CIV) 23 of 2012)

Mohau and Others v Nulis and Others (C of A (CIV) 23 of 2012) [2012] LSCA 50 (19 October 2012)

The Court of Appeal set aside NULIS’s 2012 fee increases for inadequate notice and lack of evidence that the University Council approved them.

  • School fees
  • University governance
  • Procedural fairness
  • Reasonable notice
  • Delegation of authority
  • School-fees
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Constitutional law [2012] LSHC 6

The Law Society of Lesotho v The Chief Justice and Others (CIV/APN 149 of 2010)

The Law Society of Lesotho v The Chief Justice and Others (CIV/APN 149 of 2010) [2012] LSHC 6 (13 March 2012)

The Chief Justice acted ultra vires by purporting to delegate judicial powers to Registrars via the High Court (Amendment) Rules 2009; only judges appointed and sworn in under the Constitution can exercise judicial power; the impugned rules are unconstitutional and inoperative.

  • Ultra vires
  • Judicial power
  • Separation of powers
  • Rule making
  • Delegation of authority
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Labour law [2007] LSLC 11

Bohloa and Others v Jet Stores Maseru (Pty) Ltd and Others (LAC/REV/48/04; LC/REV/181/06)

Bohloa and Others v Jet Stores Maseru (Pty) Ltd and Others (LAC/REV/48/04; LC/REV/181/06) [2007] LSLC 11 (23 May 2007)

The Labour Court dismissed a review of dismissals for alleged dishonesty, holding the arbitrator could correct the reason to gross negligence and that authority was validly delegated.

  • Unfair dismissal
  • Delegation of authority
  • Disciplinary procedure
  • Gross negligence
  • Serious dishonesty
  • Unfair-dismissal
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Labour law [2001] LSLC 17

Phahela v Lesotho Highlands Development Authority (LHDA) (LC 115 of 0)

Phahela v Lesotho Highlands Development Authority (LHDA) (LC 115 of 0) [2001] LSLC 17 (23 November 2001)

The disciplinary committee was not constituted in accordance with the Personnel Regulations, and there was no provision for delegation of the roles of Branch Manager and Human Resources Manager. The dismissal was unfair as it resulted from proceedings conducted by an improperly constituted committee.

  • Disciplinary proceedings
  • Delegation of authority
  • Procedural fairness
  • Employment termination
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Labour law [2000] LSCA 75

Sun International of Lesotho v Mathibeli (CIV/APN 411 of 96)

Sun International of Lesotho v Mathibeli (CIV/APN 411 of 96) [2000] LSCA 75 (15 June 2000)

The court set aside a Labour Court ruling that a dismissal was null and void, finding the chairman had authority to dismiss under the disciplinary process.

  • Unlawful dismissal
  • Delegation of authority
  • Employment termination
  • Compensation for loss
  • Labour-law
  • Unlawful-dismissal
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Administrative law [1998] LSCA 114

Maseru City Council and Another v Molapo (CIV/APN 36 of 98)

Maseru City Council and Another v Molapo (CIV/APN 36 of 98) [1998] LSCA 114 (17 December 1998)

The High Court refused a stay of execution pending appeal, finding no prospects of success and that the balance of hardship favoured the respondent.

  • Stay of execution
  • Delegation of authority
  • Specific performance
  • Balance of convenience
  • Stay-of-execution
  • Delegation-of-authority
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Administrative law [1998] LSCA 99

Molapo v Maseru City Council and Another (CIV/APN 36 of 98)

Molapo v Maseru City Council and Another (CIV/APN 36 of 98) [1998] LSCA 99 (2 October 1998)

The court held that the Applicant’s dismissal was ultra vires because the Town Clerk lacked statutory authority to appoint or dismiss her without ministerial approval.

  • Ultra vires
  • Delegation of authority
  • Dismissal of public officers
  • Statutory interpretation
  • Reinstatement
  • Salary arrears
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Employment law [1995] LSLC 18

Khaile v Hata-Butle (Pty) Ltd (LC 36 of 95)

Khaile v Hata-Butle (Pty) Ltd (LC 36 of 95) [1995] LSLC 18 (16 September 1995)

The Labour Court held that the General Manager had authority delegated by the Board to dismiss the applicant and that the bookkeeper post had become redundant.

  • Dismissal
  • Redundancy
  • Delegation of authority
  • Employment-law
  • Delegation-of-authority
  • Labour-court
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Lesotho decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.