Lesotho Case Law

Ntjelo Petje & 6 Others V P.S Ministry of Forestry and Environment in RE: Moorosi Matela & 12 Others V The Government of Lesotho & 6 Others (CIV/APN/197/2019)

Ntjelo Petje & 6 Others V P.S Ministry of Forestry and Environment in RE: Moorosi Matela & 12 Others V The Government of Lesotho & 6 Others (CIV/APN/197/2019) [2025] LSHC 135 (9 June 2025)

Court

High Court

Case number

CIV/APN/197/2019

The 1st respondent is not guilty of contempt of court in respect of the 2nd to 7th applicants as substantial compliance with the court order was demonstrated, considering delays due to appeal and Covid-19. However, the 1st respondent is in contempt regarding the 1st applicant, as there was no evidence of compliance with the court order in his case.

Source excerpt

• Contempt of court
• Compliance with court orders
• Public service employment
• Reinstatement
• Costs

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Ts'epang Ramots'oari v The Director - Teaching Service Department (C of A (CIV) 19/2023)

Ts'epang Ramots'oari v The Director - Teaching Service Department (C of A (CIV) 19/2023) [2023] LSCA 10 (17 November 2023)

Court

Court of Appeal

Case number

C of A (CIV) 19/2023

The appellant was not dismissed or suspended; barring her from the Maseru office and stopping her salary for failure to report to Mokhotlong did not constitute termination. Disciplinary proceedings were pending, and the employment relationship subsisted. The High Court correctly found no case for review or reinstatement.

Source excerpt

• Summary dismissal
• Reinstatement
• Transfer of public officers
• Disciplinary procedure
• Salary stoppage
• Probationary appointment

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Seriti Tlokotsi V Director General National Service s & Others (CIV/APN/336/2021)

Seriti Tlokotsi V Director General National Service s & Others (CIV/APN/336/2021) [2023] LSHC 200 (25 August 2023)

Court

High Court

Case number

CIV/APN/336/2021

High Court review dismissed where an employee reinstated retrospectively failed to report for duty for months and had no valid excuse for the absence.

• Review of administrative action
• Dismissal from employment
• Reinstatement
• Absenteeism
• Interpretation of court orders
• Administrative-law-review

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Koloi v Compol (CIV/APN/0049/2022)

Koloi v Compol (CIV/APN/0049/2022) [2023] LSHC 154 (2 March 2023)

Court

High Court

Case number

CIV/APN/0049/2022

The High Court held that approved early retirement ended the employment relationship and could not be withdrawn without consent, so no unfair dismissal arose.

• Early retirement
• Withdrawal of retirement
• Unfair dismissal
• Reinstatement
• Employment termination
• Early-retirement

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Khatala v Commissioner of Correctional Service (C of A No. 45/2021)

Khatala v Commissioner of Correctional Service (C of A No. 45/2021) [2022] LSCA 13 (13 May 2022)

Court

Court of Appeal

Case number

C of A No. 45/2021

The Court of Appeal of Lesotho dismissed a condonation application after an eight-year delay in noting an appeal and struck the appeal from the roll with costs.

• Condonation for late filing
• Legitimate expectation
• Reinstatement
• Salary arrears
• Judicial discretion
• Condonation-for-late-filing

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Nkofo v Lesotho National Development Corporation (CIV/T 273 of 2017)

Nkofo v Lesotho National Development Corporation (CIV/T 273 of 2017) [2021] LSHC 48 (10 August 2021)

Court

High Court

Case number

CIV/T 273 of 2017

The High Court lacks jurisdiction to determine the dispute, as it arises from an employer-employee relationship and concerns unfair dismissal and reinstatement, matters reserved for the Labour Court under the Labour Code Order 1992.

Source excerpt

• Jurisdiction
• Settlement agreements
• Unfair dismissal
• Reinstatement

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Hlalele v The Honourable Prime Minister of Lesotho Dr. Moeketsi Majoro (CIV/APN 272 of 20)

Hlalele v The Honourable Prime Minister of Lesotho Dr. Moeketsi Majoro (CIV/APN 272 of 20) [2020] LSHC 52 (9 December 2020)

Court

High Court

Case number

CIV/APN 272 of 20

The High Court of Lesotho dismissed an urgent application for interim relief, holding that reinstatement was inappropriate because adequate alternative remedies existed.

• Interim relief
• Reinstatement
• Termination of employment
• Adequate remedy
• Interim-relief
• Employment-law

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Rathoma v COMPOL (C of A (CIV) 11 of 2018)

Rathoma v COMPOL (C of A (CIV) 11 of 2018) [2019] LSCA 1 (1 February 2019)

Court

Court of Appeal

Case number

C of A (CIV) 11 of 2018

Reinstatement of the appellant was not retrospective and did not entitle him to salary arrears for the period spent in prison, as his imprisonment was a result of due process and not attributable to any fault of the employer.

Source excerpt

• Reinstatement
• Salary arrears
• Imprisonment and employment rights
• Prescription of claims
• No work no pay principle

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John Makhele v The Commander of LDF and Others (CIV/T 210 of 2005)

John Makhele v The Commander of LDF and Others (CIV/T 210 of 2005) [2017] LSHC 10 (27 April 2017)

Court

High Court

Case number

CIV/T 210 of 2005

The High Court of Lesotho held that Makhele’s claims had not prescribed and awarded damages for unlawful dismissal, malicious prosecution, and some special damages.

• Unlawful dismissal
• Prescription
• Malicious prosecution
• Damages
• Reinstatement
• Special damages

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Lesotho Flour Mills v Matsepe (C of A (CIV) 58 of 2015)

Lesotho Flour Mills v Matsepe (C of A (CIV) 58 of 2015) [2016] LSCA 12 (29 April 2016)

Court

Court of Appeal

Case number

C of A (CIV) 58 of 2015

The Court of Appeal held that section 73 of the Labour Code had to be considered after unfair dismissal, but the matter was remitted to the DDPR for factual determination.

• Unfair dismissal
• Reinstatement
• Application of section 73 labour code order 1992
• Remittal to ddpr
• Labour-law
• Unfair-dismissal

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