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Lesotho decisions
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Senekane v Commander of Lesotho Defence Force (CIV/T 241 of 20) [2020] LSHC 21 (15 October 2020)
The High Court of Lesotho held that the LDF Commander unlawfully discharged a soldier for ulterior motives and set the decision aside with costs.
Commander Lesotho Defence Force v Makhele (C of A (CIV) 39 of 2017) [2018] LSCA 29 (7 December 2018)
The prescription period for delictual claims against the government is two years, not one, as provided by statute. The respondent's claim for unlawful dismissal prescribed, but claims for malicious prosecution and injuria did not. The respondent proved malicious prosecution and injuria, but the damages awarded by the lower court were excessive and reduced on appeal. The respondent was not entitled to damages on the basis of promotion to Lieutenant-Colonel, but only as Second Lieutenant. Special damages for lost salary and certain expenses were proven, but not for legal costs without evidence.
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John Makhele v The Commander of LDF and Others (CIV/T 210 of 2005) [2017] LSHC 10 (27 April 2017)
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.
Mpho Malefane v The Director of Statistics-Ministry of Finance and Others (CIV/APN 145 of 2010) [2014] LSHC 16 (12 June 2014)
The High Court of Lesotho found the respondents in contempt for failing to comply with reinstatement and payment orders, and imposed a suspended six-month prison sentence.
Mpholo v Principal Secretary of the Ministry of Local Government and Others (CIV/APN 224 of 8) [2011] LSHC 128 (18 February 2011)
The High Court of Lesotho reviewed and set aside a public-service dismissal, finding the governing codes had not been validly enacted and the hearing panel was improperly constituted.
Makhetha and Another v Commissioner of Police and Another (C of A (CIV) 2 of 8) [2009] LSCA 4 (9 April 2009)
The appellants' claims for reinstatement and arrears of salary were dismissed because reinstatement is discretionary and not appropriate for police officers with criminal convictions, and there was no evidence of tender to perform duties to justify arrears of salary.
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Commissioner of Police and Another v Makhetha and Another (CIV/APN/259/04; C of A (CIV)NO.14/06) [2007] LSCA 4 (4 April 2007)
The Court of Appeal held that an earlier default judgment had been abandoned, so the matter should proceed on the merits. The appeal succeeded.
Labour Commissioner v Fish Eagle Security (Pty) Ltd (LC 20/01; LC 21/01) [2002] LSLC 14 (2 October 2002)
The Labour Court held that minimum wage terms under the Labour Code override contrary agreements, and partly allowed two workers’ claims against a security company.
Matete v Principal Secretary (Ministry of Home Affairs) & Others (CIV/APN/ 473 of 97) [2002] LSCA 145 (13 September 2002)
The applicant is deemed to have rendered services until December 1995 due to the regularizing letter, and is entitled to terminal benefits up to that date, as his absence was caused by the employer's wrongful conduct.
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Lekhooa v Commander LDF & Another (CIV/APN/ 380 of 2000) [2001] LSCA 40 (31 August 2001)
The High Court of Lesotho dismissed a late application against the Commander of the LDF, holding that the two-year prescription period could not be extended and imprisonment was not a qualifying disability.
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