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Administrative law [2025] LSCA 56

Police Constable Duma V Commissioner of Police & 2 Others (C of A (CIV) No.25/2025)

Police Constable Duma V Commissioner of Police & 2 Others (C of A (CIV) No.25/2025) [2025] LSCA 56 (7 November 2025)

Court
Court of Appeal
Case number
C of A (CIV) No.25/2025

The Court of Appeal held that written representations under section 31(1)(i) of the Police Service Act could satisfy fairness; the appeal was dismissed with costs.

  • Dismissal from disciplined forces
  • Procedural fairness
  • Judicial review of administrative discretion
  • Right to fair hearing
  • Administrative-law
  • Procedural-fairness
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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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Constitutional law [2022] LSCA 27

Platinum Credit Limited No v Platcorp Holdings Limited (C of A (CIV) 82/2022)

Platinum Credit Limited No v Platcorp Holdings Limited (C of A (CIV) 82/2022) [2022] LSCA 27 (17 November 2022)

Court
Court of Appeal
Case number
C of A (CIV) 82/2022

Court of Appeal of Lesotho stayed a contempt incarceration order, holding the applicants should have been allowed to mitigate sentence before imprisonment.

  • Contempt of court
  • Right to fair hearing
  • Mitigation of sentence
  • Stay of execution
  • Contempt-of-court
  • Fair-hearing
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Administrative law [2022] LSCA 52

Lebonajoang v Acting Commissioner of Lesotho Correctional Services (C of A (CIV) 25/2022)

Lebonajoang v Acting Commissioner of Lesotho Correctional Services (C of A (CIV) 25/2022) [2022] LSCA 52 (11 November 2022)

Court
Court of Appeal
Case number
C of A (CIV) 25/2022

The appellant was entitled to be furnished with the record of disciplinary proceedings after conviction but before sanction, to enable him to make meaningful representations. Failure to provide the record breached the duty to act fairly and vitiated the dismissal decision.

Source excerpt

  • Disciplinary proceedings
  • Right to fair hearing
  • Audi alteram partem
  • Public service dismissal
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Employment law [2022] LSHC 250

Bakubung Seutloali V Commissioner Lesotho Correctional Service & 2 Others (CIV/APN/0193/2022)

Bakubung Seutloali V Commissioner Lesotho Correctional Service & 2 Others (CIV/APN/0193/2022) [2022] LSHC 250 (3 October 2022)

Court
High Court
Case number
CIV/APN/0193/2022

The High Court of Lesotho dismissed a review of a dismissal from employment, finding no proof of intimidation at the hearing and no denial of appeal rights.

  • Dismissal from employment
  • Disciplinary proceedings
  • Right to fair hearing
  • Review of administrative action
  • Employment-law
  • Administrative-law
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Administrative law [2022] LSCA 22

Commissioner of Police v Lesotho Police Staff Association (C of A No. 32/2021)

Commissioner of Police v Lesotho Police Staff Association (C of A No. 32/2021) [2022] LSCA 22 (13 May 2022)

Court
Court of Appeal
Case number
C of A No. 32/2021

The High Court erred in determining the merits of the consolidated cases without hearing the parties, thereby denying them the right to a fair hearing as required by the Constitution. The exclusion of the appellants' legal practitioner did not automatically invalidate their pleadings. The judgments and orders must be set aside and the matters remitted for hearing before another judge.

Source excerpt

  • Right to fair hearing
  • Procedural fairness
  • Police promotions
  • Standing of legal representatives
  • Judicial review
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Constitutional law [2021] LSHC 9

Home Affairs Ex Workers v Principal Secretary Ministry of Home Affairs

Home Affairs Ex Workers v Principal Secretary Ministry of Home Affairs (CONSTITUTIONAL CASE 19 of 2020) [2021] LSHC 9 (11 February 2021)

Court
High Court
Case number
CONSTITUTIONAL CASE 19 of 2020

The High Court of Lesotho dismissed an urgent constitutional motion by former Home Affairs workers over expired fixed-term contracts, finding no constitutional basis or legitimate expectation.

  • Fixed term contracts
  • Legitimate expectation
  • Unfair dismissal
  • Jurisdiction
  • Right to property
  • Right to fair hearing
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Civil procedure [2020] LSHC 4

Rakaki v Makoko (LC/APN 19)

Rakaki v Makoko (LC/APN 19) [2020] LSHC 4 (18 May 2020)

Court
High Court
Case number
LC/APN 19

The court set aside a dismissal of a rescission application after counsel withdrew without showing the client knew, holding the applicant was denied a fair hearing.

  • Right to fair hearing
  • Withdrawal of legal representation
  • Rescission of judgment
  • Procedural irregularity
  • Default judgment
  • Attorney negligence
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Constitutional law [2014] LSHC 158

Phaila v Principal Secretary Ministry of Local Government and Others

Phaila v Principal Secretary Ministry of Local Government and Others (CONSTITUTIONAL CASE 9 of 2014) [2014] LSHC 158 (2 October 2014)

Court
High Court
Case number
CONSTITUTIONAL CASE 9 of 2014

The High Court of Lesotho dismissed an urgent constitutional application challenging disciplinary proceedings running alongside a criminal case.

  • Double jeopardy
  • Sub judice rule
  • Disciplinary proceedings
  • Right to fair hearing
  • Jurisdiction
  • Referral procedure
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Constitutional law [2014] LSHC 93

Phaila v Principal Secretary Ministry of Local Government and Others

Phaila v Principal Secretary Ministry of Local Government and Others (CONSTITUTIONAL CASE 9 of 2014) [2014] LSHC 93 (26 August 2014)

Court
High Court
Case number
CONSTITUTIONAL CASE 9 of 2014

The application was dismissed because section 128 of the Constitution was not applicable; there was no referral from a tribunal on a substantial constitutional question. The applicant’s arguments on double jeopardy, sub judice, and illegality of the tribunal were based on misinterpretations of law and fact. Disciplinary and criminal proceedings are distinct and can run concurrently without violating constitutional rights.

Source excerpt

  • Double jeopardy
  • Disciplinary proceedings
  • Sub judice rule
  • Right to fair hearing
  • Jurisdiction
  • Referral procedure
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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.