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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.
Hlomohang Morokole & 4 Others V The Principal Secretary , Ministry of Foreign Affairs and International Relations & 2 Others (C of A (CIV) No 15/2025) [2025] LSCA 48 (7 November 2025)
The Court of Appeal held that prescription was not properly raised, the salary-conversion exclusion was not shown to be contractual, and the High Court ignored key review grounds.
Thabo Khetheng & Ano. V Director of Public Prosecutions (C of A (CRI REV) 2/2025) [2025] LSCA 77 (7 November 2025)
The High Court's failure to record any justification for hearing the bail petition in chambers, and the absence of exceptional circumstances, amounted to a gross irregularity that rendered the proceedings a nullity. Bail proceedings must be conducted in open court unless exceptional circumstances are shown.
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Bocheletsane High School & 5 Others V Mamahlomi Makhetha (C of A (CIV) 13/2025) [2025] LSCA 12 (2 May 2025)
The Teaching Service Commission acted within its statutory discretion under section 42 of the Education Act 2010 by appointing Ms Mamojalefa, who was the highest-ranked and most qualified candidate. There was no official School Board recommendation in favour of the respondent, and thus no legitimate expectation. The High Court erred in finding procedural unfairness and in setting aside the appointment.
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Mathabo Mphale V Public Service Commission & 2 Others (C of A (CIV) 72/2024) [2025] LSCA 31 (2 May 2025)
The refusal to regrade the appellant was irrational because she functionally performed the duties of a head of department and was similarly situated to Chief Legal Officers who were upgraded under the same circular. The High Court erred by focusing on nomenclature rather than functions, resulting in unjustifiable unequal treatment.
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Minister of Home Affairs & 3 Others V Amberkar Abdul Aziz & 15 Others (C of A (CIV) 02/2025) [2025] LSCA 2 (2 May 2025)
The Court of Appeal held there was no proof the Minister had granted citizenship, but ordered the Minister to decide the long-delayed applications within 60 days.
Molikuoa Sekhonyana & Ano. V Principal Secretary-Ministry of Public Service & 4 Others (C of A (CIV) 70/2024) [2025] LSCA 42 (2 May 2025)
The exclusion of the appellants from regrading to Grade J under Circular No. 7 of 2013 was irrational and arbitrary because they performed equivalent functions to those regraded, and the refusal was based solely on titular differences, contrary to the constitutional requirement of rational, fair, and lawful administrative action.
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Police Constable Duma V COMPOL & 2 Others (CIV/APN/0321/2022) [2025] LSHC 66 (14 March 2025)
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.
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Moeketsi Mohlahatsa V The Commander, Lesotho Defence Force (CIV/APN/0094/2023) [2025] LSHC 232 (10 February 2025)
The High Court of Lesotho held that a review application was not barred by statutory prescription, but was dismissed for unreasonable delay of 13 and 14 years.
Moeketsi Lekau & 8 Others V MInistry of Public Service (CIV/APN/458/2021) [2024] LSHC 222 (13 November 2024)
The High Court of Lesotho dismissed a challenge to public service grading changes, finding Grade H in the Human Resources cadre was never abolished.
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