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Administrative law [2024] LSCA 11

Palamang Matlotlo v Attorney General (C of A (CIV) 36/2023)

Palamang Matlotlo v Attorney General (C of A (CIV) 36/2023) [2024] LSCA 11 (3 May 2024)

Court
Court of Appeal
Case number
C of A (CIV) 36/2023

Section 15(11) of the Public Service Act mandates summary dismissal of a public officer convicted of a criminal offence. The appellant was given an opportunity to make representations and was convicted on his own admission. The right to a hearing was not violated, and double jeopardy does not apply to administrative dismissal following criminal conviction.

Source excerpt

  • Dismissal of public officers
  • Right to fair hearing
  • Double jeopardy
  • Summary dismissal
  • Constitutionality of statutes
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Employment law [2023] LSCA 10

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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Land law [2020] LSCA 22

Executor- Estate Late 'Mathabo & Mohanoe Moepi v Monaheng (C of A (CIV) 8 of 20)

Executor- Estate Late 'Mathabo & Mohanoe Moepi v Monaheng (C of A (CIV) 8 of 20) [2020] LSCA 22 (30 October 2020)

Court
Court of Appeal
Case number
C of A (CIV) 8 of 20

The Court of Appeal set aside the Land Court’s summary dismissal because the pleadings raised irreconcilable disputes of fact and law requiring oral evidence.

  • Summary dismissal
  • Oral evidence
  • Joinder
  • Waiver
  • Customary marriage
  • Civil marriage
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Land law [2019] LSCA 25

The Maseru Library Society & Anor v Anglican Church of Lesotho Property Company (Pty) Ltd & Others (C of A (CIV) 56 of 2016)

The Maseru Library Society & Anor v Anglican Church of Lesotho Property Company (Pty) Ltd & Others (C of A (CIV) 56 of 2016) [2019] LSCA 25 (1 February 2019)

Court
Court of Appeal
Case number
C of A (CIV) 56 of 2016

The Court of Appeal set aside a summary dismissal in a land dispute, holding that unresolved factual contradictions required a trial and retrial before another judge.

  • Title to land
  • Locus standi
  • Prescription
  • Procedural fairness
  • Land survey
  • Summary dismissal
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Land law [2018] LSCA 12

Motumi v Shale (C of A (CIV) 32 of 2017)

Motumi v Shale (C of A (CIV) 32 of 2017) [2018] LSCA 12 (7 December 2018)

Court
Court of Appeal
Case number
C of A (CIV) 32 of 2017

The appeal was allowed because the court a quo failed to follow the mandatory procedures under the Land Court Rules by granting the application without hearing evidence or examining the parties, thereby depriving the appellant of the right to be heard and resulting in a misdirection.

Source excerpt

  • Jurisdiction
  • Summary dismissal
  • Procedural fairness
  • Land court rules
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Land law [2017] LSCA 11

Masupha v Nkoe & Another (C of A (CIV); LC of APN 42)

Masupha v Nkoe & Another (C of A (CIV); LC of APN 42) [2017] LSCA 11 (12 May 2017)

Court
Court of Appeal
Case number
C of A (CIV) ; LC of APN 42

The Land Court erred in summarily dismissing the application at pre-trial stage where a real dispute of fact existed. The applicant should have been allowed to amend pleadings and proceed to trial. Condonation for late filing of appeal was justified due to lack of notice of judgment delivery and prospects of success.

Source excerpt

  • Inheritance of land
  • Jurisdiction
  • Preliminary objections
  • Condonation for late appeal
  • Summary dismissal
  • Land litigation procedure
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Administrative law [2009] LSCA 21

Malothoane v Commissioner of Police and Another (C of A (CIV) 18 of 9)

Malothoane v Commissioner of Police and Another (C of A (CIV) 18 of 9) [2009] LSCA 21 (23 October 2009)

Court
Court of Appeal
Case number
C of A (CIV) 18 of 9

The Court of Appeal held that the appellant had been given sufficient opportunity to make representations before dismissal, except for salary due while he had returned to duty.

  • Dismissal from public service
  • Right to be heard
  • Procedural fairness
  • Summary dismissal
  • Procedural-fairness
  • Public-service-dismissal
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Employment law [2002] LSLC 16

Khoase v Care-Lesotho (LC 7 of 99)

Khoase v Care-Lesotho (LC 7 of 99) [2002] LSLC 16 (10 October 2002)

Court
Labour Court
Case number
LC 7 of 99

The Labour Court of Lesotho dismissed an employee’s challenge to summary dismissal for dishonesty over a medical reimbursement dispute.

  • Summary dismissal
  • Unfair termination
  • Employee misconduct
  • Right to be heard
  • Summary-dismissal
  • Unfair-termination
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Employment law [2002] LSLC 4

Chere v Frasers Lesotho Ltd (LC 119 of 0)

Chere v Frasers Lesotho Ltd (LC 119 of 0) [2002] LSLC 4 (8 March 2002)

Court
Labour Court
Case number
LC 119 of 0

The Labour Court of Lesotho upheld the dismissal of a supervisor who short-received bread deliveries, finding the misconduct serious and not suitable for progressive discipline.

  • Summary dismissal
  • Misconduct
  • Progressive discipline
  • Asset protection
  • Summary-dismissal
  • Progressive-discipline
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Administrative law [2001] LSCA 73

Motaung v Attorney General & Another (CIV/APN/ 428 of 98)

Motaung v Attorney General & Another (CIV/APN/ 428 of 98) [2001] LSCA 73 (27 June 2001)

Court
Court of Appeal
Case number
CIV/APN/ 428 of 98

The Public Service Commission acted within its discretion in refusing the applicant's retirement due to pending disciplinary proceedings, as discipline is a condition of public service. However, the summary dismissal of the applicant without a hearing was inconsistent with the Public Service Act 1995, which requires disciplinary procedures and the right to be heard before dismissal.

Source excerpt

  • Retirement from public service
  • Disciplinary proceedings
  • Summary dismissal
  • Ultra vires
  • Right to fair hearing
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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.