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Lesotho Case Law

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Constitutional law [2025] LSCA 57

Lesotho Highlands Development Authority (C of A (CIV) No.28/2025)

Lesotho Highlands Development Authority (C of A (CIV) No.28/2025) [2025] LSCA 57 (7 November 2025)

The Court of Appeal held that LHDA’s duty to compensate affected communities arose from the Constitution, treaty and statute, and could not be defeated by policy.

  • Compulsory acquisition
  • Compensation for deprivation of property
  • Statutory duties of public authorities
  • Administrative fairness
  • Legitimate expectation
  • Specific performance
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Administrative law [2025] LSCA 55

Tsotang Seatile & 61 Others V Minister of Justice and Law & 3 Others (C of A (CIV) No. 24/2025)

Tsotang Seatile & 61 Others V Minister of Justice and Law & 3 Others (C of A (CIV) No. 24/2025) [2025] LSCA 55 (7 November 2025)

The Court of Appeal held that court presidents had no proven legitimate expectation to higher grades and dismissed the appeal, also noting the High Court lacked jurisdiction.

  • Legitimate expectation
  • Job evaluation and grading
  • Jurisdiction
  • Procedural fairness
  • Legitimate-expectation
  • Job-evaluation
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Public service law [2025] LSCA 49

Likhapha Seliane V The Principal Secretary- Ministry of Foreign Affairs and International Relations & 2 Others (C of A (CIV) No 18/2025)

Likhapha Seliane V The Principal Secretary- Ministry of Foreign Affairs and International Relations & 2 Others (C of A (CIV) No 18/2025) [2025] LSCA 49 (7 November 2025)

Lesotho Court of Appeal held that recalling a consul general for lack of exequatur was unlawful, and awarded compensation for the unexpired term.

  • Diplomatic appointments
  • Termination of employment
  • Legitimate expectation
  • Procedural fairness
  • Vienna convention on consular relations
  • Exequatur
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Education law [2025] LSCA 12

Bocheletsane High School & 5 Others V Mamahlomi Makhetha (C of A (CIV) 13/2025)

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.

  • Appointment of school principal
  • Discretion of appointing authority
  • Legitimate expectation
  • Procedural fairness
  • Judicial review
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Administrative law [2025] LSCA 2

Minister of Home Affairs & 3 Others V Amberkar Abdul Aziz & 15 Others (C of A (CIV) 02/2025)

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.

  • Naturalisation
  • Mandamus
  • Legitimate expectation
  • Ministerial discretion
  • Judicial review
  • Delay in administrative action
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Administrative law [2024] LSHC 222

Moeketsi Lekau & 8 Others V MInistry of Public Service (CIV/APN/458/2021)

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.

  • Judicial review
  • Declaratory orders
  • Legitimate expectation
  • Public service grading
  • Discrimination
  • Procedural fairness
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Administrative law [2024] LSCA 21

Minister of Local Government and Chieftainship & Ano. V Mataeli Makhele-Sekhantso (C of A (CIV) No 23/2024)

Minister of Local Government and Chieftainship & Ano. V Mataeli Makhele-Sekhantso (C of A (CIV) No 23/2024) [2024] LSCA 21 (1 November 2024)

The Court of Appeal held that ministerial approval was required for renewal of the LAA Director General’s contract, so the Board’s renewal resolution was invalid.

  • Appointment powers
  • Ministerial approval
  • Legitimate expectation
  • Procedural fairness
  • Judicial review
  • Administrative-law
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Employment law [2024] LSHC 200

Nonkululeko Zally V The Prime Minister & 3 Others (CIV/APN/0012/2023)

Nonkululeko Zally V The Prime Minister & 3 Others (CIV/APN/0012/2023) [2024] LSHC 200 (18 October 2024)

The Prime Minister's decision to terminate the Applicant's contract was based on perceived misconduct and breach of trust, thus requiring procedural fairness and a hearing; failure to afford a hearing rendered the termination unlawful.

  • Termination of employment
  • Executive power
  • Procedural fairness
  • Audi alteram partem
  • Legitimate expectation
  • Judicial review
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Public procurement [2023] LSHC 12

Qhomane Construction and Transport v Maseru City Council (CCA/0057/2021)

Qhomane Construction and Transport v Maseru City Council (CCA/0057/2021) [2023] LSHC 12 (28 February 2023)

The extension of the tender submission deadline by telephone was unlawful and violated the principles of transparency and equal treatment. The applicant was not entitled to a contract as the process was fundamentally flawed. The failure to afford the applicant a hearing was noted, but the underlying procurement irregularity was so grave that the decision to re-tender was justified. The application was dismissed as the award to the applicant was invalid.

  • Tender process
  • Legitimate expectation
  • Audi alteram partem
  • Judicial review
  • Procedural fairness
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Administrative law [2022] LSHC 170

Jappie Catering v Ministry of Health (CCA/0113/2022)

Jappie Catering v Ministry of Health (CCA/0113/2022) [2022] LSHC 170 (15 November 2022)

Applicant failed to establish urgency as business loss does not justify preferential treatment; failed to prove a prima facie right or irreparable harm as contract had expired and no constitutional discrimination was shown; interim interdict requirements not met.

  • Urgency in applications
  • Interim interdicts
  • Legitimate expectation
  • Discrimination
  • Public procurement process
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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.