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Lesotho Case Law

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Election-law [2022] LSCA 40

Rapita v Hlalele (C of A (CIV) 45/2022)

Rapita v Hlalele (C of A (CIV) 45/2022) [2022] LSCA 40 (11 November 2022)

Court of Appeal held that a third rerun of a Democratic Congress nomination was unjustified and dismissed the appeal with costs.

  • Intra-party-democracy
  • Judicial-review-of-political-party-decisions
  • Electoral-malpractices
  • Natural-justice-in-voluntary-associations
  • Judicial-review
  • Electoral-law
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Administrative-law [2022] LSHC 285

Teboho Liau V Director General NSS & 4 Others (CIV/APN/0251/2022)

Teboho Liau V Director General NSS & 4 Others (CIV/APN/0251/2022) [2022] LSHC 285 (7 November 2022)

The High Court of Lesotho dismissed a review of a National Security Service disciplinary discharge, finding no reviewable irregularity and upholding the decision.

  • Judicial-review
  • Disciplinary-proceedings
  • Natural-justice
  • Unreasonableness
  • Procedural-fairness
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Constitutional-law [2021] LSCA 30

Senkatana Social Democracy v Rammina & 3 Ors (C of A (CIV) 1 of 2001)

Senkatana Social Democracy v Rammina & 3 Ors (C of A (CIV) 1 of 2001) [2021] LSCA 30 (12 November 2021)

The Court of Appeal dismissed a political party’s appeal to remove its NRA representative, holding the party breached its constitution and the audi rule.

  • Audi-alteram-partem
  • Party-constitutions
  • Removal-of-representatives
  • Natural-justice
  • Intra-party-democracy
  • Party-constitution
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Constitutional-law [2021] LSCA 35

Sankatana Social Democracy v Rammina (C of A (CIV) 1 of 2021)

Sankatana Social Democracy v Rammina (C of A (CIV) 1 of 2021) [2021] LSCA 35 (12 November 2021)

Appeal dismissed after the court found the party’s removal process and conference invalid for breach of the party constitution and the NRA Act.

  • Natural-justice
  • Audi-alteram-partem
  • Party-constitutions
  • Removal-of-representatives
  • Procedural-fairness
  • Voluntary-associations
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Administrative-law [2020] LSHC 23

Tjamela v Commissioner of Police (CIV/APN 167 of 20)

Tjamela v Commissioner of Police (CIV/APN 167 of 20) [2020] LSHC 23 (15 October 2020)

The High Court of Lesotho held that a police officer suspended on full pay was still entitled to a pre-suspension hearing under natural justice.

  • Precautionary-suspension
  • Audi-alteram-partem
  • Natural-justice
  • Police-service-discipline
  • Administrative-law
  • Police-discipline
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Civil-procedure [2020] LSCA 2

National Spiritual Assembly of the Baha'i of Lesotho v Reeve (C of A (CIV) 17 of 2019)

National Spiritual Assembly of the Baha'i of Lesotho v Reeve (C of A (CIV) 17 of 2019) [2020] LSCA 2 (29 May 2020)

On consent, the Court of Appeal set aside a High Court judgment that granted relief not sought and remitted the matter to the High Court for a fresh hearing.

  • Remittal-to-high-court
  • Grant-of-relief-not-sought
  • Natural-justice
  • Civil-procedure
  • Remittal
  • Relief-not-sought
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Administrative-law [2019] LSCA 51

Commissioner of Police v Ramphielo (C of A (CIV) 50 of 2019)

Commissioner of Police v Ramphielo (C of A (CIV) 50 of 2019) [2019] LSCA 51 (1 November 2019)

The Court of Appeal held that the Commissioner of Police unlawfully cancelled police promotions and withheld salaries without hearing the affected officers or following the Police Act.

  • Natural-justice
  • Procedural-fairness
  • Public-service-promotions
  • Withholding-of-salary
  • Demotion-procedures
  • Administrative-law
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Administrative-law [2019] LSHC 32

Moloi v Minister of Local Government (CIV/APN 275 of 19)

Moloi v Minister of Local Government (CIV/APN 275 of 19) [2019] LSHC 32 (1 October 2019)

The High Court of Lesotho held that the Minister lacked authority to dissolve the Maseru City Council Tender Board and that the applicants were denied a hearing.

  • Ultra-vires
  • Natural-justice
  • Audi-alteram-partem
  • Judicial-review
  • Legality-of-administrative-action
  • Status-and-rights-of-board-members
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Administrative-law [2019] LSHC 8

AG v Registrar of the High Court and Others (CIV/APN; CRI/T 305)

AG v Registrar of the High Court and Others (CIV/APN; CRI/T 305) [2019] LSHC 8 (17 September 2019)

The High Court of Lesotho set aside the Registrar’s grant of pro deo funding, holding that no means inquiry or proper basis for the decision was shown.

  • Judicial-review
  • Pro-deo-legal-aid
  • Means-inquiry
  • Procedural-fairness
  • Ultra-vires
  • Natural-justice
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Constitutional-law [2019] LSHC 35

Speaker of The National Assembly v Tampane (CIV/APN 235 of 18)

Speaker of The National Assembly v Tampane (CIV/APN 235 of 18) [2019] LSHC 35 (20 August 2019)

Recusal application dismissed after the court found no reasonable apprehension of bias from its prior rulings on jurisdiction and procedure.

  • Judicial-recusal
  • Natural-justice
  • Ouster-clauses
  • Separation-of-powers
  • Bias
  • Parliamentary-law
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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.