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Administrative law [2025] LSHC 66

Police Constable Duma V COMPOL & 2 Others (CIV/APN/0321/2022)

Police Constable Duma V COMPOL & 2 Others (CIV/APN/0321/2022) [2025] LSHC 66 (14 March 2025)

Court
High Court
Case number
CIV/APN/0321/2022

The applicant was afforded an opportunity to make written representations as required by Section 31(1)(i) of the Police Service Act, 1998. The Commissioner acted within statutory authority and did not act arbitrarily, irrationally, or in breach of natural justice. An oral hearing was not required by law in these circumstances.

Source excerpt

  • Judicial review
  • Dismissal from public service
  • Natural justice
  • Right to be heard
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Electoral law [2022] LSHC 125

Lents'a v Independent Electoral Commission (CIV/APN/0286/2022/& CIV/APN/0288/2022)

Lents'a v Independent Electoral Commission (CIV/APN/0286/2022/& CIV/APN/0288/2022) [2022] LSHC 125 (22 September 2022)

Court
High Court
Case number
CIV/APN/0286/2022/& CIV/APN/0288/2022

The High Court upheld the IEC’s rejection of two election nominations, finding the applicants were still public officers because their resignations did not satisfy the required notice period.

  • Nomination of candidates
  • Disqualification of public officers
  • Right to be heard
  • Resignation notice requirements
  • Powers of the electoral commission
  • Electoral-law
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Constitutional law [2022] LSHC 38

Lesotho Public Service Association v Commissioner of Police (Const. No. 06/2022)

Lesotho Public Service Association v Commissioner of Police (Const. No. 06/2022) [2022] LSHC 38 (16 August 2022)

Court
High Court
Case number
Const. No. 06/2022

The court found it judicially wise and practical to grant a postponement for one month to allow for negotiations between the parties, as previously agreed, and directed counsel to report on progress, recognizing the ongoing relevance of the dispute despite the passing of the Appropriation Bill.

Source excerpt

  • Right to be heard
  • Public demonstrations
  • Appropriation bill
  • Interim relief
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Administrative law [2022] LSHC 84

Hlalele v Principal Secretary Ministry of Public Service (CIV/APN/0053/2022)

Hlalele v Principal Secretary Ministry of Public Service (CIV/APN/0053/2022) [2022] LSHC 84 (15 August 2022)

Court
High Court
Case number
CIV/APN/0053/2022

The applicant was not afforded a hearing before his transfer, violating principles of natural justice. Such failure renders the transfer decision invalid, void, and of no legal effect.

Source excerpt

  • Natural justice
  • Public service transfers
  • Right to be heard
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Administrative law [2021] LSHC 39

Sub-Inspector Seeiso v Officer Commanding Mafeteng Police Station (Senior Inspector Phatela) (CIV/APN 324 of 2020)

Sub-Inspector Seeiso v Officer Commanding Mafeteng Police Station (Senior Inspector Phatela) (CIV/APN 324 of 2020) [2021] LSHC 39 (17 June 2021)

Court
High Court
Case number
CIV/APN 324 of 2020

The High Court of Lesotho held that a police officer’s transfer was unlawful because he was not given prior notice or a hearing before the decision.

  • Procedural fairness
  • Right to be heard
  • Police transfers
  • Administrative-law
  • Procedural-fairness
  • Right-to-be-heard
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Civil procedure [2021] LSHC 12

Amalgamated Engineering Solutions (Pty) Ltd v Mokhehle (LC/REV/APN/ 26 of 2020)

Amalgamated Engineering Solutions (Pty) Ltd v Mokhehle (LC/REV/APN/ 26 of 2020) [2021] LSHC 12 (7 June 2021)

Court
High Court
Case number
LC/REV/APN/ 26 of 2020

The District Land Court's failure to ensure proper service and notice, resulting in the applicant not being heard, was a grave procedural irregularity. This justified review and setting aside of the default judgment, regardless of whether rescission was first sought.

Source excerpt

  • Review of default judgment
  • Procedural irregularity
  • Right to be heard
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Administrative law [2020] LSCA 33

Principal Secretary- Ministry of Mining v Gugushe (C of A (CIV) 30 of 2019)

Principal Secretary- Ministry of Mining v Gugushe (C of A (CIV) 30 of 2019) [2020] LSCA 33 (30 October 2020)

Court
Court of Appeal
Case number
C of A (CIV) 30 of 2019

The appeal was dismissed because the respondent was denied a hearing before dismissal, violating the rules of natural justice. Legitimate expectation was established by official assurances from senior officials, and the disciplinary process was fatally flawed by procedural unfairness.

Source excerpt

  • Natural justice
  • Legitimate expectation
  • Disciplinary proceedings
  • Right to be heard
  • Estoppel
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Administrative law [2020] LSHC 42

Theko v The Commissioner of Police (CIV/APN 196 of 20)

Theko v The Commissioner of Police (CIV/APN 196 of 20) [2020] LSHC 42 (15 October 2020)

Court
High Court
Case number
CIV/APN 196 of 20

The court found that the facts did not justify invocation of the exceptions to the general rule requiring a pre-transfer hearing. The respondents failed to demonstrate exceptional circumstances or necessity for immediate action that would excuse the lack of a pre-transfer hearing. Thus, the transfer was reviewable and unlawful.

Source excerpt

  • Right to be heard
  • Pre-transfer hearing
  • Exceptions to audi alteram partem
  • Police transfers
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Administrative law [2019] LSCA 2

Sebophe v Compol (C of A (CIV) 6 of 2019)

Sebophe v Compol (C of A (CIV) 6 of 2019) [2019] LSCA 2 (31 May 2019)

Court
Court of Appeal
Case number
C of A (CIV) 6 of 2019

The court held that the appellants were entitled to a hearing before being transferred, as required by the principles of natural justice and legitimate expectation. The respondents failed to establish exceptional circumstances justifying a post-decision hearing. The absence of reasons for the lower court's decision was criticized but not deemed sufficient to vitiate the proceedings. The transfer decisions were set aside.

Source excerpt

  • Natural justice
  • Right to be heard
  • Police transfers
  • Legitimate expectation
  • Procedural fairness
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Civil procedure [2018] LSCA 6

Phafoli v Provisional Liquidators of MKM Star Lion Group (C of A (CIV) 7 of 2017)

Phafoli v Provisional Liquidators of MKM Star Lion Group (C of A (CIV) 7 of 2017) [2018] LSCA 6 (7 December 2018)

Court
Court of Appeal
Case number
C of A (CIV) 7 of 2017

The Court of Appeal held that the High Court committed a mistrial by refusing to hear intervening creditors and by ordering an unauthorised sale of assets.

  • Intervention by creditors
  • Urgent applications
  • Liquidation proceedings
  • Right to be heard
  • Nullity of sale
  • Liquidation-proceedings
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.