Lesotho Case Law

Ntjelo Petje & 6 Others V P.S Ministry of Forestry and Environment in RE: Moorosi Matela & 12 Others V The Government of Lesotho & 6 Others (CIV/APN/197/2019)

Ntjelo Petje & 6 Others V P.S Ministry of Forestry and Environment in RE: Moorosi Matela & 12 Others V The Government of Lesotho & 6 Others (CIV/APN/197/2019) [2025] LSHC 135 (9 June 2025)

Court

High Court

Case number

CIV/APN/197/2019

The 1st respondent is not guilty of contempt of court in respect of the 2nd to 7th applicants as substantial compliance with the court order was demonstrated, considering delays due to appeal and Covid-19. However, the 1st respondent is in contempt regarding the 1st applicant, as there was no evidence of compliance with the court order in his case.

Source excerpt

• Contempt of court
• Compliance with court orders
• Public service employment
• Reinstatement
• Costs

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The Prime Minister & 3 Others V Nonkululeko Zaly (C of A (CIV) 78/2024)

The Prime Minister & 3 Others V Nonkululeko Zaly (C of A (CIV) 78/2024) [2025] LSCA 36 (2 May 2025)

Court

Court of Appeal

Case number

C of A (CIV) 78/2024

The Court of Appeal held that a fixed-term public service contract was validly terminated under a no-fault notice clause, without a hearing, and set aside the High Court order.

• Termination by notice
• No fault termination
• Audi alteram partem
• Jurisdictional overreach
• Sanctity of contract
• Public service employment

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Mothala v Director General of the National Security Services (CIV/APN/66/2018)

Mothala v Director General of the National Security Services (CIV/APN/66/2018) [2022] LSHC 57 (12 August 2022)

Court

High Court

Case number

CIV/APN/66/2018

The High Court held it lacked jurisdiction over former NSS members’ unfair dismissal challenge, finding the Labour Court had exclusive jurisdiction under the Labour Code.

• Unfair dismissal
• Exclusive jurisdiction of labour court
• Public service employment
• Scope of labour code
• Jurisdiction
• Unfair-dismissal

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Sera v Director of Remunarations and Benefits-ministry of Public Service (CIV/APN/212/2018)

Sera v Director of Remunarations and Benefits-ministry of Public Service (CIV/APN/212/2018) [2022] LSHC 120 (10 August 2022)

Court

High Court

Case number

CIV/APN/212/2018

The High Court of Lesotho dismissed an urgent application challenging monthly salary deductions for government housing rent, holding that occupation of the house amounted to acceptance of the rental terms.

• Variation of contract
• Public service employment
• Salary deductions
• Tenancy agreements
• Judicial review
• Contract-law

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Kabane v Pricipal Secretary Ministry of Police and Public Safety (CIV/APN/226/2018)

Kabane v Pricipal Secretary Ministry of Police and Public Safety (CIV/APN/226/2018) [2022] LSHC 298 (17 June 2022)

Court

High Court

Case number

CIV/APN/226/2018

The High Court of Lesotho dismissed an unopposed contempt application, finding the applicant failed to prove non-compliance with an order to afford her a fair hearing.

• Contempt of court
• Fair hearing
• Mandamus
• Public service employment
• Contempt-of-court
• Fair-hearing

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Kompi v Government of Lesotho (C of A No. 43B/2021)

Kompi v Government of Lesotho (C of A No. 43B/2021) [2022] LSCA 12 (13 May 2022)

Court

Court of Appeal

Case number

C of A No. 43B/2021

The High Court correctly declined jurisdiction because the appellants were contractually bound to refer the dispute to binding arbitration under the Public Service Act 2005 and failed to seek relief under section 4(2) of the Arbitration Act 1980 to set aside the arbitration agreement; the arbitration clause survives contract termination and governs the dispute.

Source excerpt

• Jurisdiction
• Arbitration agreement
• Exhaustion of remedies
• Public service employment
• Contract termination

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Kompi v Government of Lesotho (CIV/APN/316/2021)

Kompi v Government of Lesotho (CIV/APN/316/2021) [2022] LSHC 14 (10 March 2022)

Court

High Court

Case number

CIV/APN/316/2021

The High Court lacks jurisdiction over employment-related disputes involving public officers governed by the Public Service Act, as such disputes must be processed through the statutory dispute resolution mechanisms, including arbitration and the Labour Court. The arbitration clause in the applicants’ contracts is broad enough to cover the dispute, and the applicants’ claims are workplace grievances subject to the exclusive jurisdiction of the fora established by the Public Service Act.

Source excerpt

• Jurisdiction
• Public service employment
• Arbitration clauses
• Dispute resolution
• Forum shopping

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Sello v The Principal Secretary Foreign Affairs (CIV/APN 302 of 19)

Sello v The Principal Secretary Foreign Affairs (CIV/APN 302 of 19) [2020] LSHC 43 (26 May 2020)

Court

High Court

Case number

CIV/APN 302 of 19

The Minister lacked authority to dismiss the applicant and failed to follow the prescribed disciplinary procedures under the Public Service Regulations and Codes of Good Practice. The applicant was not afforded a fair hearing. The dismissal was irregular and unfair, warranting review and setting aside. Damages are to be assessed as if the contract had run its full course, including gratuity and terminal benefits, but not cash in lieu of leave.

Source excerpt

• Unfair dismissal
• Procedural fairness
• Fixed term contracts
• Measure of damages
• Public service employment

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Tsupane v Principal Secretary - Ministry of Public Service

Tsupane v Principal Secretary - Ministry of Public Service (CONSTITUTIONAL CASE 12 of 2018) [2020] LSHC 10 (5 March 2020)

Court

High Court

Case number

CONSTITUTIONAL CASE 12 of 2018

The exclusion of Executive Secretaries from the salary upgrade under Circular No.4 of 2007 constitutes unfair discrimination based on status, as their functions and qualifications are at least equal to those of Ministerial Secretaries. The differentiation was arbitrary, lacked rational justification, and violated sections 18(2) and (3) of the Constitution of Lesotho.

Source excerpt

• Discrimination
• Equal pay
• Public service employment
• Unfair labour practice

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Tsela v Principal Secretary Ministry of Justice (CIV/T 53 of 15)

Tsela v Principal Secretary Ministry of Justice (CIV/T 53 of 15) [2020] LSHC 29 (5 March 2020)

Court

High Court

Case number

CIV/T 53 of 15

Pay differentiation between Principal Interpreters and Assistant Interpreters based solely on academic qualifications is not rational and objective where both perform the same duties with similar skills and responsibilities. Plaintiffs are entitled to be paid at salary grade F and to back-pay from 1st January 2013. Mandamus to fill a non-existent position is refused as there is no statutory duty to create such a position.

Source excerpt

• Equal pay for equal work
• Pay discrimination
• Mandamus
• Employment discrimination
• Salary grading
• Public service employment

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