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Lesotho decisions
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Beleme Lebajoa V COMPOL (CIV/APN/0178/2022) [2023] LSHC 126 (3 August 2023)
The High Court of Lesotho ordered the first respondent to pay wasted costs on an attorney-and-client scale after a last-minute recusal application caused a postponement.
Kolisang v Kolisang and Others (CIV/APN 132 of 2014) [2015] LSHC 19 (16 March 2015)
The High Court dismissed a review application challenging a magistrate in maintenance proceedings, finding no gross irregularity or proved bias.
Commander Lesotho Defence Force and Others v Lt. Maluke (C of A (CIV) 30 of 2014) [2014] LSCA 42 (24 October 2014)
The High Court had jurisdiction to review the refusal of the court martial to recuse itself as the proceedings were in the nature of review, not appeal. Section 12(1) of the Constitution does not require courts martial to have the same degree of independence as civilian courts, but they must still adhere to natural justice. The public labelling of the respondent as a criminal by the Commander in the presence of all court martial members created a reasonable apprehension of bias. Therefore, the court martial should have recused itself, and a permanent stay of prosecution before a disqualified…
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Bofihla Makhalane v Let'seng Diamonds (Pty) Ltd and Others (C of A (CIV) 10 of 2012) [2013] LSCA 18 (18 October 2013)
The Court of Appeal of Lesotho dismissed an appeal seeking transfer of a labour dispute, holding that bias and good cause for transfer were not established.
Thabelo Kebise v Lesotho Brewing Company (Pty) Ltd and Another (LC/REV 93 of 11) [2013] LSLC 13 (4 March 2013)
The Labour Court dismissed a review of a DDPR arbitration award, holding the challenges went to the merits, not reviewable procedural irregularity.
Mpali v Nthunya and Others (C of A (CRI) 13 of 2011) [2012] LSCA 16 (27 April 2012)
The appellant's application for recusal was well founded due to the presiding magistrate's prior knowledge and administrative relationship with a key witness, creating a reasonable apprehension of bias. The proceedings were a nullity and should not have taken place. The High Court erred in dismissing the review application.
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Lehloenya and Others v Lesotho Telecommunications Corporation (now Telecom Lesotho) (LAC/CIV/APN 4 of 9) [2011] LSLAC 5 (24 February 2011)
The Labour Appeal Court judge recused himself from a condonation application after concluding that prior advice could create a reasonable perception of bias.
R v Ntobo & Another (CRI/T 68 of 2000) [2001] LSCA 126 (26 September 2001)
The court held that the order for trial de novo and recusal, made in the absence of counsel, was not a final judgment and could be rescinded under Rule 45. The death of the sole assessor after all evidence and arguments had been submitted did not render the court improperly constituted, as the judge had the benefit of the assessor's views and the law vested decision-making exclusively in the judge. The prejudice and inconvenience of a new trial outweighed any procedural concerns.
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