Lesotho Case Law

Police Constable Duma V COMPOL & 2 Others (CIV/APN/0321/2022)

Police Constable Duma V COMPOL & 2 Others (CIV/APN/0321/2022) [2025] LSHC 66 (14 March 2025)

Court

High Court

Case number

CIV/APN/0321/2022

The applicant was afforded an opportunity to make written representations as required by Section 31(1)(i) of the Police Service Act, 1998. The Commissioner acted within statutory authority and did not act arbitrarily, irrationally, or in breach of natural justice. An oral hearing was not required by law in these circumstances.

Source excerpt

• Judicial review
• Dismissal from public service
• Natural justice
• Right to be heard

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Makateng v Commissioner of Police and Another (CIV/APN 43 of 2005)

Makateng v Commissioner of Police and Another (CIV/APN 43 of 2005) [2012] LSHC 75 (1 August 2012)

Court

High Court

Case number

CIV/APN 43 of 2005

Applicant was not entitled to salary arrears for the period of absence as he failed to render services through his own fault and maintained silence about his whereabouts, thus payment for that period was rightly denied.

Source excerpt

• Salary arrears
• Dismissal from public service
• Absenteeism
• Police employment

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Malothoane v Commissioner of Police and Another (C of A (CIV) 18 of 9)

Malothoane v Commissioner of Police and Another (C of A (CIV) 18 of 9) [2009] LSCA 21 (23 October 2009)

Court

Court of Appeal

Case number

C of A (CIV) 18 of 9

The Court of Appeal held that the appellant had been given sufficient opportunity to make representations before dismissal, except for salary due while he had returned to duty.

• Dismissal from public service
• Right to be heard
• Procedural fairness
• Summary dismissal
• Procedural-fairness
• Public-service-dismissal

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Hlabi v Commissioner of Police and Another (CIV/APN 420 of 1)

Hlabi v Commissioner of Police and Another (CIV/APN 420 of 1) [2003] LSCA 5 (3 April 2003)

Court

Court of Appeal

Case number

CIV/APN 420 of 1

The court held the applicant’s dismissal from the police service unlawful for breach of fair-hearing requirements and non-compliance with the Police Service Act.

• Dismissal from public service
• Police service act compliance
• Audi alteram partem rule
• Delegation of statutory powers
• Administrative-law
• Natural-justice

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Leketa v Acting Director of Prisons & Another (CTV/APN 486 of 99)

Leketa v Acting Director of Prisons & Another (CTV/APN 486 of 99) [2001] LSCA 127 (21 September 2001)

Court

Court of Appeal

Case number

CTV/APN 486 of 99

The applicant's dismissal was lawful because the Director of Prisons had the statutory authority to dismiss prison officers below Senior Chief Officer under the Prisons Proclamation 30 of 1957 (as amended), and the applicant was afforded an opportunity to be heard before dismissal, as evidenced by his submission of reasons against dismissal.

Source excerpt

• Dismissal from public service
• Disciplinary proceedings
• Jurisdiction of public service commission
• Audi alteram partem

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Khabo v Commissioner of Police and Another (CIV/APN 465 of 96)

Khabo v Commissioner of Police and Another (CIV/APN 465 of 96) [2000] LSCA 142 (6 September 2000)

Court

Court of Appeal

Case number

CIV/APN 465 of 96

The Court of Appeal dismissed a late challenge to dismissal from the Lesotho Police Force, finding the claim time-barred and no good cause for condonation.

• Dismissal from public service
• Limitation of actions
• Condonation for late filing
• Terminal benefits
• Limitation-of-actions
• Condonation

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Mapetja v Moloinyane and Others (CIV\APN 17 of 93)

Mapetja v Moloinyane and Others (CIV\APN 17 of 93) [1995] LSCA 130 (4 September 1995)

Court

Court of Appeal

Case number

CIV\APN 17 of 93

The Deputy Director of Prisons had no authority to dismiss the Applicant in place of the Director without explanation or delegation. The Applicant was denied a fair hearing before the penalty was enhanced from a fine to dismissal, contrary to the Prison Rules and principles of natural justice. The dismissal was therefore null and void.

Source excerpt

• Dismissal from public service
• Natural justice
• Delegation of authority
• Disciplinary procedures

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Rantee v Attorney-General (CIV/APN 309 of 86)

Rantee v Attorney-General (CIV/APN 309 of 86) [1990] LSCA 129 (13 August 1990)

Court

Court of Appeal

Case number

CIV/APN 309 of 86

The High Court of Lesotho held that a public servant’s termination was not wrongful where one month’s salary in lieu of notice was paid under the appointment terms.

• Dismissal from public service
• Employment contract
• Notice period
• Payment in lieu of notice
• Employment-law
• Administrative-law

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Rantee v Attorney-General (CIV/APN 309 of 86)

Rantee v Attorney-General (CIV/APN 309 of 86) [1990] LSCA 128 (13 August 1990)

Court

Court of Appeal

Case number

CIV/APN 309 of 86

The High Court of Lesotho dismissed a public servant’s challenge to her termination, holding that payment of one month’s salary in lieu of notice complied with the contract.

• Dismissal from public service
• Employment contract
• Notice period
• Breach of contract
• Employment-law
• Public-service-law

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Motselebane and Others v Ohobela and Others (CIV/APN 291 of 83)

Motselebane and Others v Ohobela and Others (CIV/APN 291 of 83) [1986] LSCA 119 (27 August 1986)

Court

Court of Appeal

Case number

CIV/APN 291 of 83

The court dismissed a judicial review challenge to public service dismissals, finding no proven bias or unfairness and rejecting claims of superior orders and inducement.

• Judicial review of disciplinary proceedings
• Dismissal from public service
• Procedural fairness
• Bias allegations
• Judicial-review
• Public-service-discipline

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