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Lesotho Case Law

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Military law [2024] LSCA 39

Lkotsi Mokoma V Commander Lesotho Defence Force & 4 Others (C of A (CIV) No 69/2018)

Lkotsi Mokoma V Commander Lesotho Defence Force & 4 Others (C of A (CIV) No 69/2018) [2024] LSCA 39 (9 November 2024)

The Court of Appeal held that section 51(1) of the Lesotho Defence Force Act allows sentencing discretion and does not require imprisonment.

  • Sentencing discretion
  • Ultra vires
  • Summary trial procedure
  • Declaratory relief
  • Judgment interpretation
  • Military-law
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Administrative law [2019] LSHC 32

Moloi v Minister of Local Government (CIV/APN 275 of 19)

Moloi v Minister of Local Government (CIV/APN 275 of 19) [2019] LSHC 32 (1 October 2019)

The High Court of Lesotho held that the Minister lacked authority to dissolve the Maseru City Council Tender Board and that the applicants were denied a hearing.

  • Ultra vires
  • Natural justice
  • Audi alteram partem
  • Judicial review
  • Legality of administrative action
  • Status and rights of board members
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Administrative law [2019] LSHC 8

AG v Registrar of the High Court and Others (CIV/APN; CRI/T 305)

AG v Registrar of the High Court and Others (CIV/APN; CRI/T 305) [2019] LSHC 8 (17 September 2019)

The High Court of Lesotho set aside the Registrar’s grant of pro deo funding, holding that no means inquiry or proper basis for the decision was shown.

  • Judicial review
  • Pro deo legal aid
  • Means inquiry
  • Procedural fairness
  • Ultra vires
  • Natural justice
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Administrative law [2019] LSCA 19

The Minister of Small Business, Cooperatives & Marketing v Lesotho National Wool & Mohair Growers Assosciation (C of A (CIV) 20 of 2019)

The Minister of Small Business, Cooperatives & Marketing v Lesotho National Wool & Mohair Growers Assosciation (C of A (CIV) 20 of 2019) [2019] LSCA 19 (31 May 2019)

The Court of Appeal held that regulation 6 was not vague and that only the penalty provisions of regulation 11 were ultra vires and severable.

  • Ultra vires
  • Subordinate legislation
  • Severability
  • Vagueness
  • Penal provisions
  • Ultra-vires
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Administrative law [2019] LSCA 10

Acting Commissioner of Lesotho Correctional Services v Senior Assistant Commissioner (K Moeno) & Others (C of A (CIV) 46 of 2018)

Acting Commissioner of Lesotho Correctional Services v Senior Assistant Commissioner (K Moeno) & Others (C of A (CIV) 46 of 2018) [2019] LSCA 10 (31 May 2019)

The 1st appellant acted ultra vires in promoting the officers without legal authority as required by the Prisons Proclamation 1957 as amended; the respondent association had standing to challenge the promotions as they affected the institution as a whole, not merely individual cases.

  • Locus standi
  • Ultra vires
  • Promotion procedures
  • Internal guidelines
  • Judicial review
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Administrative law [2019] LSHC 33

Ts'ita v Director General National Security Service (CIV/APN 389 of 18)

Ts'ita v Director General National Security Service (CIV/APN 389 of 18) [2019] LSHC 33 (7 March 2019)

The 1st respondent acted ultra vires by demoting the applicant without legal authority and violated the applicant's right to be heard, rendering the demotion unlawful and of no legal force or effect.

  • Ultra vires
  • Natural justice
  • Audi alteram partem
  • Promotion and demotion in public service
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Administrative law [2019] LSCA 24

Moteane v Minister of Agriculture & Food Security (C of A (CIV) 41 of 2018)

Moteane v Minister of Agriculture & Food Security (C of A (CIV) 41 of 2018) [2019] LSCA 24 (1 February 2019)

The Court of Appeal struck off an appeal challenging wool and mohair licensing regulations after the impugned regulations were repealed, leaving no live dispute.

  • Mootness
  • Regulation validity
  • Ultra vires
  • Costs
  • Regulations-validity
  • Ultra-vires
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Administrative law [2018] LSHC 12

Lesotho Correctional Services Staff Association v Acting Commissioner Lesotho Correctional Services (CIV/APN 215 of 15)

Lesotho Correctional Services Staff Association v Acting Commissioner Lesotho Correctional Services (CIV/APN 215 of 15) [2018] LSHC 12 (14 June 2018)

The applicant association has locus standi to challenge the promotions as they affect the institution as a whole. The Public Service Act and Regulations do not apply to the Lesotho Correctional Service. The 1st respondent acted ultra vires in effecting the promotions of the 2nd to 9th respondents, as the applicable law is the Prisons Proclamation 30 of 1957 as amended, which was not followed. Therefore, the promotions were unlawful, null and void and of no legal force.

  • Locus standi
  • Public service promotions
  • Ultra vires
  • Applicability of public service act
  • Promotion guidelines
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Administrative law [2018] LSHC 2

Mokhele and Others v Commander, Lesotho Defence Force and Others (CIV/APN 442 of 16)

Mokhele and Others v Commander, Lesotho Defence Force and Others (CIV/APN 442 of 16) [2018] LSHC 2 (14 February 2018)

Standing Order No.2 of 2014 is ultra vires, unreasonable, and discriminatory; pregnancy is not a lawful ground for discharge under the Act or Regulations; Commander acted unlawfully in discharging applicants; applicants entitled to reinstatement and costs.

  • Military employment
  • Gender discrimination
  • Pregnancy rights
  • Maternity leave
  • Ultra vires
  • Reasonableness
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Administrative law [2015] LSCA 19

Chalatse and Another v The Acting Chief Justice and Others (C of A CIV 63 of 2014)

Chalatse and Another v The Acting Chief Justice and Others (C of A CIV 63 of 2014) [2015] LSCA 19 (7 August 2015)

The Court of Appeal held that rules bringing judicial commissioners under the chief magistrate were ultra vires and invalid.

  • Ultra vires
  • Judicial administration
  • Statutory interpretation
  • Ultra-vires
  • Judicial-administration
  • Statutory-interpretation
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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.