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Lesotho Case Law

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Administrative law [2025] LSCA 63

Moeketsi Mohlahatsa & Ano. V The Commander LDF & Ano. (C of A (CIV/REV) No. 39/2025)

Moeketsi Mohlahatsa & Ano. V The Commander LDF & Ano. (C of A (CIV/REV) No. 39/2025) [2025] LSCA 63 (7 November 2025)

The Court of Appeal held that delayed review was fatal to the gratuity claim but not to the pension claim, which was a continuing wrong. The matter was remitted.

  • Unreasonable delay
  • Review of administrative action
  • Continuing cause of action
  • Gratuity vs pension distinction
  • Prescription
  • Declaratory relief
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Land law [2024] LSHC 20

Mosa Mosao & Ano. Thabiso Mosao (CIV/APN/0192/2024)

Mosa Mosao & Ano. Thabiso Mosao (CIV/APN/0192/2024) [2024] LSHC 20 (26 November 2024)

The High Court lacks jurisdiction to hear the matter before the applicants have exhausted the procedures and remedies set out in Regulations 43 and 44 of the Land Regulations 2011. The applicants must await the allocating authority's determination of their objection before approaching the court.

  • Inheritance of land
  • Jurisdiction
  • Exhaustion of administrative remedies
  • Family council decisions
  • Review of administrative action
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Administrative law [2024] LSCA 40

Mahola Matlosa V Khabele Matlosa & 3 Others (C of A (CIV) No 83/2023)

Mahola Matlosa V Khabele Matlosa & 3 Others (C of A (CIV) No 83/2023) [2024] LSCA 40 (1 November 2024)

The Court of Appeal dismissed an appeal against dismissal of a review challenging a lease registered in the respondent’s name, finding no proof that an adverse claim was pending.

  • Review of administrative action
  • Intestate succession
  • Customary law
  • Land registration
  • Procedural impropriety
  • Administrative-review
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Civil procedure [2024] LSHC 148

Palo Moshoeshoe V Limkokwing University of Creative Technology (CIV/APN/0347/2022)

Palo Moshoeshoe V Limkokwing University of Creative Technology (CIV/APN/0347/2022) [2024] LSHC 148 (20 August 2024)

The respondent’s decision to suspend the applicant was an exercise of managerial prerogative under the employment relationship, not a public administrative function; therefore, the High Court lacks jurisdiction and the matter falls within the exclusive purview of labour fora.

  • Jurisdiction
  • Employment suspension
  • Review of administrative action
  • Managerial prerogative
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Administrative law [2023] LSHC 208

Thabang Jack & 3 Others V Lesotho Revenue Authority & 2 Others (CIV/APN/0105/2022)

Thabang Jack & 3 Others V Lesotho Revenue Authority & 2 Others (CIV/APN/0105/2022) [2023] LSHC 208 (10 November 2023)

The court found that the applicants' case is based on review of an administrative action by a public functionary, not a labour dispute under the Labour Code, and thus falls within the inherent jurisdiction of the High Court. The delay in filing was reasonably explained, and there was insufficient evidence that the matter was finally determined elsewhere to bar the application on grounds of res judicata.

  • Jurisdiction
  • Review of administrative action
  • Delay in instituting proceedings
  • Res judicata
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Administrative law [2023] LSHC 200

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)

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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Public procurement [2023] LSHC 11

Phakoe Building Construction v Tsilo Star Construction (CCA/0044/2019)

Phakoe Building Construction v Tsilo Star Construction (CCA/0044/2019) [2023] LSHC 11 (13 March 2023)

The Tender Panel lawfully exercised its discretion in disqualifying Phakoe's irregular bid and awarding the tender to Ts’ilo Star Construction (Pty) Ltd. No valid complaint was lodged with the Procurement Unit, thus the PPAD lacked jurisdiction to entertain the appeal. The contract was fully performed, rendering the application moot.

  • Tender process
  • Jurisdiction of procurement bodies
  • Mootness
  • Review of administrative action
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Employment law [2022] LSHC 250

Bakubung Seutloali V Commissioner Lesotho Correctional Service & 2 Others (CIV/APN/0193/2022)

Bakubung Seutloali V Commissioner Lesotho Correctional Service & 2 Others (CIV/APN/0193/2022) [2022] LSHC 250 (3 October 2022)

The High Court of Lesotho dismissed a review of a dismissal from employment, finding no proof of intimidation at the hearing and no denial of appeal rights.

  • Dismissal from employment
  • Disciplinary proceedings
  • Right to fair hearing
  • Review of administrative action
  • Employment-law
  • Administrative-law
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Labour law [2022] LSHC 50

Tlali v Eighteenth Episcopal District of the African Methodist Episcopal Church (CIV/APN/287/2021)

Tlali v Eighteenth Episcopal District of the African Methodist Episcopal Church (CIV/APN/287/2021) [2022] LSHC 50 (9 August 2022)

The High Court dismissed a judicial review over stopped salary payments, holding the applicant was bound by her founding affidavit admitting dismissal in 2017 and could not rely on new replying evidence.

  • Dismissal
  • Audi alteram partem
  • Salary arrears
  • Employment contract
  • Review of administrative action
  • Judicial-review
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Administrative law [2022] LSHC 117

Laxton Group Limited v Procurement Unit, Independent Electrol Commission (CCA/0039/2022)

Laxton Group Limited v Procurement Unit, Independent Electrol Commission (CCA/0039/2022) [2022] LSHC 117 (23 May 2022)

Laxton was not afforded a hearing as required by regulation 54(2) of the Public Procurement Regulations 2007 before the decision to re-evaluate the tender was made. This failure violated the audi alteram partem rule and principles of natural justice, rendering the decisions of the PPAD and IEC to re-evaluate the tender unlawful and procedurally unfair. The impugned decisions were reviewed and set aside.

  • Tender process
  • Audi alteram partem
  • Procedural fairness
  • Review of administrative action
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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.