Lesotho Case Law

Mathebe Motseki V National Executive Committee & 2 Others (C of A (CIV) 10/2025)

Mathebe Motseki V National Executive Committee & 2 Others (C of A (CIV) 10/2025) [2025] LSCA 10 (2 May 2025)

Court

Court of Appeal

Case number

C of A (CIV) 10/2025

The refusal to afford the appellant an oral hearing in the face of serious allegations and permanent expulsion was unreasonable and procedurally unfair. The NEC failed to justify denying the hearing, and the show-cause procedure did not meet the requirements of fairness. The suspension was also invalid as it was made without a quorum. Both the suspension and termination decisions were unlawful and void ab initio.

Source excerpt

• Disciplinary proceedings
• Natural justice
• Audi alteram partem
• Procedural fairness
• Voluntary associations
• Quorum requirements

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Marumo Tsili V COMPOL & 4 Others (CIV/APN/140/2020)

Marumo Tsili V COMPOL & 4 Others (CIV/APN/140/2020) [2024] LSHC 13 (15 February 2024)

Court

High Court

Case number

CIV/APN/140/2020

The High Court held that a police officer resigned with immediate effect before his early retirement took effect, so the retirement claim failed.

• Retirement
• Resignation
• Termination of employment
• Employee benefits
• Disciplinary proceedings
• Employment-law

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Principal Secretary, Ministry of Mining v Gugushe (C of A (CIV) 49/2022)

Principal Secretary, Ministry of Mining v Gugushe (C of A (CIV) 49/2022) [2022] LSCA 34 (11 November 2022)

Court

Court of Appeal

Case number

C of A (CIV) 49/2022

The Court of Appeal held that a public officer lawfully resigned by offering one month’s salary in lieu of notice, and disciplinary steps taken after resignation were invalid.

• Resignation
• Disciplinary proceedings
• Public service regulations
• Employment-law
• Public-service
• Disciplinary-proceedings

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Khabele v Chairperson of the Disciplinary Hearing Committee (C of A (CIV) 12/2022)

Khabele v Chairperson of the Disciplinary Hearing Committee (C of A (CIV) 12/2022) [2022] LSCA 63 (11 November 2022)

Court

Court of Appeal

Case number

C of A (CIV) 12/2022

The applicant has arguable prospects of success on appeal, particularly on the jurisdictional issue and the manner in which the lower court determined the matter. The balance of hardship favours granting the stay, as proceeding with the disciplinary process without necessary material would prejudice the applicant.

Source excerpt

• Stay of execution
• Leave to appeal
• Disciplinary proceedings
• Jurisdiction

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Lebonajoang v Acting Commissioner of Lesotho Correctional Services (C of A (CIV) 25/2022)

Lebonajoang v Acting Commissioner of Lesotho Correctional Services (C of A (CIV) 25/2022) [2022] LSCA 52 (11 November 2022)

Court

Court of Appeal

Case number

C of A (CIV) 25/2022

The appellant was entitled to be furnished with the record of disciplinary proceedings after conviction but before sanction, to enable him to make meaningful representations. Failure to provide the record breached the duty to act fairly and vitiated the dismissal decision.

Source excerpt

• Disciplinary proceedings
• Right to fair hearing
• Audi alteram partem
• Public service dismissal

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Alotsi v Commander Lesotho Defence Force (C of A (CIV) 50/2022)

Alotsi v Commander Lesotho Defence Force (C of A (CIV) 50/2022) [2022] LSCA 33 (11 November 2022)

Court

Court of Appeal

Case number

C of A (CIV) 50/2022

The discharge of the appellant from the army after conviction and sentence for military offences did not amount to double jeopardy, as the administrative action was distinct from the criminal sanction and was lawfully exercised under section 31 of the Lesotho Defence Force Act 1996. The punishment was commensurate with the offences and necessary to maintain discipline in the army.

Source excerpt

• Double jeopardy
• Disciplinary proceedings
• Summary trial
• Dismissal from employment
• Judicial review

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Teboho Liau V Director General NSS & 4 Others (CIV/APN/0251/2022)

Teboho Liau V Director General NSS & 4 Others (CIV/APN/0251/2022) [2022] LSHC 285 (7 November 2022)

Court

High Court

Case number

CIV/APN/0251/2022

The High Court of Lesotho dismissed a review of a National Security Service disciplinary discharge, finding no reviewable irregularity and upholding the decision.

• Judicial review
• Disciplinary proceedings
• Natural justice
• Unreasonableness
• Procedural fairness
• Judicial-review

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Bakubung Seutloali V Commissioner Lesotho Correctional Service & 2 Others (CIV/APN/0193/2022)

Bakubung Seutloali V Commissioner Lesotho Correctional Service & 2 Others (CIV/APN/0193/2022) [2022] LSHC 250 (3 October 2022)

Court

High Court

Case number

CIV/APN/0193/2022

The High Court of Lesotho dismissed a review of a dismissal from employment, finding no proof of intimidation at the hearing and no denial of appeal rights.

• Dismissal from employment
• Disciplinary proceedings
• Right to fair hearing
• Review of administrative action
• Employment-law
• Administrative-law

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Seutloali v Commissioner Lesotho Correctional Service (CIV/APN/0193/2022)

Seutloali v Commissioner Lesotho Correctional Service (CIV/APN/0193/2022) [2022] LSHC 136 (3 October 2022)

Court

High Court

Case number

CIV/APN/0193/2022

The High Court of Lesotho dismissed a review of a dismissal from employment, finding no proven intimidation at the hearing and no denial of the right to appeal.

• Disciplinary proceedings
• Dismissal from employment
• Fair hearing
• Right of appeal
• Balance of probabilities
• Employment-discipline

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Gugushe v Principal Secretary-ministry of Mining (CIV/APN/232/2021)

Gugushe v Principal Secretary-ministry of Mining (CIV/APN/232/2021) [2022] LSHC 109 (31 August 2022)

Court

High Court

Case number

CIV/APN/232/2021

The applicant’s resignation was clear, unequivocal, and in compliance with the law as she was not charged with any breach of discipline at the time of resignation. The employer had no right to refuse the resignation or subject her to disciplinary proceedings post-resignation. The disciplinary proceedings and refusal of resignation were unlawful and set aside.

Source excerpt

• Resignation
• Disciplinary proceedings
• Forced labour
• Public service regulations

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