Lesotho Case Law

Lesotho Communication Authority v Matela (CIV/APN/0120/202)

Lesotho Communication Authority v Matela (CIV/APN/0120/202) [2022] LSHC 148 (15 August 2022)

Court

High Court

Case number

CIV/APN/0120/202

The applicant's claim is not a dispute concerning the application or interpretation of a breach of contract of employment, as the employment contract had expired. The claim is for restoration of possession of property (mandament van spolie), not enforcement of employment rights. Therefore, the High Court's jurisdiction is not ousted by section 226(2)(b)(ii) of the Labour Code (Amendment) Act, 2000. Further, the 1st respondent cannot argue lack of jurisdiction based on sections 24 and 25 of the Amendment Act as these were not pleaded.

Source excerpt

• Jurisdiction
• Labour disputes
• Spoliation
• Pleadings

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Hoohlo v Lesotho Electricity Company (C of A (CIV) 9 of 20)

Hoohlo v Lesotho Electricity Company (C of A (CIV) 9 of 20) [2020] LSCA 23 (30 October 2020)

Court

Court of Appeal

Case number

C of A (CIV) 9 of 20

The Labour Code Order 1992, as amended, expressly ousts the jurisdiction of the High Court in labour-related disputes, including those arising from contracts of employment, notwithstanding s 6 of the High Court Act. The High Court cannot entertain such matters, and the exclusive jurisdiction lies with the Labour Court and Labour Appeal Court.

Source excerpt

• Jurisdiction
• Exclusive jurisdiction
• Labour disputes
• High court act
• Labour code order

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Hoohlo v Lesotho Electricity Company (C of A (CIV) 5 of 20)

Hoohlo v Lesotho Electricity Company (C of A (CIV) 5 of 20) [2020] LSCA 20 (30 October 2020)

Court

Court of Appeal

Case number

C of A (CIV) 5 of 20

Both the main claim and counter-claim arise from employment and are labour matters; therefore, the High Court lacks jurisdiction and both claims should be referred to the Labour Court. Joinder without leave was irregular.

Source excerpt

• Jurisdiction
• Counter-claim
• Joinder
• Exclusive jurisdiction
• Labour disputes

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Nts'ihlele v Independent Electoral Commission (C of A (CIV) 57 of 2019)

Nts'ihlele v Independent Electoral Commission (C of A (CIV) 57 of 2019) [2019] LSCA 53 (1 November 2019)

Court

Court of Appeal

Case number

C of A (CIV) 57 of 2019

The Court of Appeal held that the High Court correctly declined to exercise constitutional jurisdiction because the appellants had adequate alternative remedies under the Labour Code. The IEC, while not part of the Executive, is a public authority and its employees are covered by the Labour Code. The dispute was essentially a labour matter, not a constitutional one.

Source excerpt

• Jurisdiction of high court
• Labour disputes
• Alternative remedies
• Judicial review
• Constitutional rights enforcement

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Factory Workers Union v Crabtree (Pty) Ltd (LAC/CIV/A 9 of 13)

Factory Workers Union v Crabtree (Pty) Ltd (LAC/CIV/A 9 of 13) [2013] LSLAC 3 (7 November 2013)

Court

Labour Appeal Court

Case number

LAC/CIV/A 9 of 13

The Labour Appeal Court held that the Labour Court had jurisdiction to review a conciliator’s premature strike-related ruling and sent the matter back for proper conciliation.

• Jurisdiction
• Review of administrative action
• Conciliation process
• Labour disputes
• Labour-law
• Judicial-review

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T & T Security Services (Pty) Ltd v Samuel Peapea (LC 29 of 12)

T & T Security Services (Pty) Ltd v Samuel Peapea (LC 29 of 12) [2013] LSLC 42 (12 August 2013)

Court

Labour Court

Case number

LC 29 of 12

The Labour Court of Lesotho dismissed an employer’s set-off claim for want of jurisdiction, holding that set-off must be raised defensively and that conciliation had not occurred.

• Jurisdiction
• Set off
• Labour disputes
• Procedure
• Labour-law
• Set-off

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Lesotho Highlands Development Authority v Thabo Mohlobo and Others (LAC/CIV/A 7 of 2012)

Lesotho Highlands Development Authority v Thabo Mohlobo and Others (LAC/CIV/A 7 of 2012) [2013] LSLAC 17 (3 July 2013)

Court

Labour Appeal Court

Case number

LAC/CIV/A 7 of 2012

The Labour Appeal Court of Lesotho granted an application for the presiding judge to recuse himself, finding a reasonable perception of bias based on prior related judgments.

• Judicial recusal
• Perception of bias
• Impartiality of judges
• Labour disputes
• Judicial-recusal
• Apprehension-of-bias

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National University of Lesotho v Ntitsane and Others (CIV/APN 454 of 12)

National University of Lesotho v Ntitsane and Others (CIV/APN 454 of 12) [2012] LSHC 99 (31 December 2012)

Court

High Court

Case number

CIV/APN 454 of 12

The applicant established that the respondents held unauthorized meetings on its premises, causing discomfort and inconvenience. The court found that the disputes of fact were not material enough to prevent determination and that the applicant satisfied the requirements for an interdict. The court held it had jurisdiction and that the applicant's rights were being unlawfully disturbed.

Source excerpt

• Interdicts
• Jurisdiction
• Locus standi
• Nuisance
• Labour disputes

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Nthethe & Others v Lesotho Electricity Corporation (CIV/APN 499 of 2000)

Nthethe & Others v Lesotho Electricity Corporation (CIV/APN 499 of 2000) [2002] LSCA 96 (12 December 2002)

Court

Court of Appeal

Case number

CIV/APN 499 of 2000

The High Court held it had jurisdiction over a salary-structure dispute against a public body and dismissed the respondent’s preliminary objection.

• Mandamus
• Jurisdiction
• Labour disputes
• Discrimination
• Salary structure
• Declaratory orders

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Matsoso & Another v Lesotho Tourist Board (LTB) & Another (CIV/APN/472/99; CIV/APN/473/99)

Matsoso & Another v Lesotho Tourist Board (LTB) & Another (CIV/APN/472/99; CIV/APN/473/99) [2000] LSCA 154 (15 December 2000)

Court

Court of Appeal

Case number

CIV/APN/472/99 ; CIV/APN/473/99

The High Court refused leave to amend a motion to substitute a review prayer for a declaration, finding the late change would prejudice the respondents.

• Amendment of pleadings
• Jurisdiction
• Labour disputes
• Condonation
• Amendment-of-pleadings
• Civil-procedure

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