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Lesotho Case Law

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Employment law [2023] LSHC 154

Koloi v Compol (CIV/APN/0049/2022)

Koloi v Compol (CIV/APN/0049/2022) [2023] LSHC 154 (2 March 2023)

The High Court held that approved early retirement ended the employment relationship and could not be withdrawn without consent, so no unfair dismissal arose.

  • Early retirement
  • Withdrawal of retirement
  • Unfair dismissal
  • Reinstatement
  • Employment termination
  • Early-retirement
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Administrative law [2022] LSHC 152

Dlamini v Commissioner of Police (CIV/APN/0170/2022)

Dlamini v Commissioner of Police (CIV/APN/0170/2022) [2022] LSHC 152 (29 June 2022)

The High Court of Lesotho held that the applicants’ termination as police recruits was unlawful because it violated a subsisting court order suspending the process.

  • Judicial review
  • Compliance with court orders
  • Employment termination
  • Police recruitment
  • Lis pendens
  • Costs
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Labour law [2019] LSHC 64

Makhasane v Mokhochane (CIV/APN 118 of 14)

Makhasane v Mokhochane (CIV/APN 118 of 14) [2019] LSHC 64 (14 November 2019)

The High Court, while having the power to grant declaratory relief, declined to exercise its discretion because the dispute is a labour matter falling within the exclusive jurisdiction of the Labour Court, and entertaining it would undermine the policy of specialized labour dispute resolution.

  • Jurisdiction
  • Declaratory relief
  • Specialized courts
  • Employment termination
  • Labour dispute resolution
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Administrative law [2019] LSCA 43

Director General National Security Service v Lietsiso Mothala & Others (C of A (CIV) 31 of 2019)

Director General National Security Service v Lietsiso Mothala & Others (C of A (CIV) 31 of 2019) [2019] LSCA 43 (1 November 2019)

The Court of Appeal set aside a High Court order in a National Security Service employment dispute and remitted the case for hearing before a different judge.

  • Judicial review
  • Procedural fairness
  • Jurisdiction
  • Employment termination
  • National security service act
  • Administrative-law
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Labour law [2014] LSLC 53

Ireland v Mokonyana and Others (LC 90 of 14)

Ireland v Mokonyana and Others (LC 90 of 14) [2014] LSLC 53 (21 November 2014)

The Labour Court of Lesotho dismissed an application to stay labour proceedings pending a High Court ruling on diplomatic immunity, granting 14 days to answer.

  • Diplomatic immunity
  • Stay of proceedings
  • Jurisdiction
  • Employment termination
  • Fixed term contracts
  • Stay-of-proceedings
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Administrative law [2013] LSHC 95

Moeletsi v Teaching Service Commission (CIV/APN 21 of 13)

Moeletsi v Teaching Service Commission (CIV/APN 21 of 13) [2013] LSHC 95 (18 November 2013)

The High Court of Lesotho set aside disciplinary proceedings against three teachers after finding a fair-hearing breach and procedural irregularities.

  • Disciplinary proceedings
  • Natural justice
  • Procedural fairness
  • Employment termination
  • Administrative-law
  • Labour-law
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Constitutional law [2013] LSHC 68

Thabo Fuma v The Commander, Lesotho Defence Force and Others (CONST 8 of 2011)

Thabo Fuma v The Commander, Lesotho Defence Force and Others (CONST 8 of 2011) [2013] LSHC 68 (10 October 2013)

The applicant's discharge from the Lesotho Defence Force was unconstitutional as it violated his rights to equality and freedom from discrimination under Sections 18 and 19 of the Constitution. The decision was made without affording him a fair hearing, and he was treated differently from other similarly disabled soldiers, with the only reasonable conclusion being that the discrimination was based on his HIV status. The respondents failed to justify the differential treatment or to provide a scientific basis for the medical decision. The applicant's right to human dignity was also infringed.

  • Equality before the law
  • Freedom from discrimination
  • Right to human dignity
  • Audi alteram partem
  • Disability rights
  • Hiv/aids discrimination
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Labour law [2009] LSLC 36

Mathabo Motlomelo v National University of Lesotho (LC 55 of 7)

Mathabo Motlomelo v National University of Lesotho (LC 55 of 7) [2009] LSLC 36 (10 August 2009)

Labour Court of Lesotho refused condonation for a late unfair dismissal claim, finding the delay inordinate, the explanation unsatisfactory, and no prospects of success.

  • Condonation
  • Unfair dismissal
  • Employment termination
  • Delay in filing
  • Labour-law
  • Unfair-dismissal
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Labour law [2008] LSLC 18

Water and Sewerage Authority v Masupha and Another (LC/REV 574 of 2006)

Water and Sewerage Authority v Masupha and Another (LC/REV 574 of 2006) [2008] LSLC 18 (8 August 2008)

The applicant failed to provide conclusive evidence that the pumps were secondhand or that the 1st respondent inflated prices; suspicions were unsubstantiated, and the employer did not discharge the burden of proof required by law. The arbitrator's finding of substantive unfairness in the dismissal was justified and cannot be faulted.

  • Unfair dismissal
  • Burden of proof
  • Review of arbitration award
  • Evidence
  • Employment termination
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Labour law [2006] LSLC 21

Moletsane v Telecom Lesotho and Another (LAC/REV/27/03; LC/REV/78/06)

Moletsane v Telecom Lesotho and Another (LAC/REV/27/03; LC/REV/78/06) [2006] LSLC 21 (11 December 2006)

The Labour Court dismissed a review of a gratuity dispute, holding the employee fell four days short of the required ten years and could not be treated as qualifying.

  • Gratuity entitlement
  • Employment termination
  • Review of arbitration award
  • Labour-law
  • Gratuity-entitlement
  • Employment-termination
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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.