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Lesotho Case Law

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Labour law [2025] LSCA 30

Sents'o Ramochela V Vodacom Lesotho & One (C of A (CIV) 72/2022)

Sents'o Ramochela V Vodacom Lesotho & One (C of A (CIV) 72/2022) [2025] LSCA 30 (2 May 2025)

Leave to appeal was refused because the Labour Appeal Court had already granted the relief sought and no reasonable prospects of success were shown.

  • Unfair dismissal
  • Remittal
  • Review of arbitration
  • Leave to appeal
  • Legal representation authority
  • Labour-law
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Employment law [2023] LSHC 154

Koloi v Compol (CIV/APN/0049/2022)

Koloi v Compol (CIV/APN/0049/2022) [2023] LSHC 154 (2 March 2023)

The High Court held that approved early retirement ended the employment relationship and could not be withdrawn without consent, so no unfair dismissal arose.

  • Early retirement
  • Withdrawal of retirement
  • Unfair dismissal
  • Reinstatement
  • Employment termination
  • Early-retirement
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Employment law [2022] LSHC 57

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)

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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Labour law [2021] LSHC 48

Nkofo v Lesotho National Development Corporation (CIV/T 273 of 2017)

Nkofo v Lesotho National Development Corporation (CIV/T 273 of 2017) [2021] LSHC 48 (10 August 2021)

The High Court lacks jurisdiction to determine the dispute, as it arises from an employer-employee relationship and concerns unfair dismissal and reinstatement, matters reserved for the Labour Court under the Labour Code Order 1992.

  • Jurisdiction
  • Settlement agreements
  • Unfair dismissal
  • Reinstatement
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Labour law [2021] LSCA 7

Home Affairs Ex Workers v The P.S. Ministry of Home Affairs (C of A (CIV) 8 of 2021)

Home Affairs Ex Workers v The P.S. Ministry of Home Affairs (C of A (CIV) 8 of 2021) [2021] LSCA 7 (14 May 2021)

The dispute was properly characterized as a labour matter concerning renewal or non-renewal of employment contracts, and thus fell within the exclusive jurisdiction of the Labour Court. The High Court was correct in declining jurisdiction, and the appeal must fail on this basis.

  • Jurisdiction
  • Employment contracts
  • Exclusive jurisdiction of labour court
  • Constitutional rights
  • Unfair dismissal
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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)

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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Employment law [2020] LSHC 43

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)

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.

  • Unfair dismissal
  • Procedural fairness
  • Fixed term contracts
  • Measure of damages
  • Public service employment
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Labour law [2020] LSLC 1

Nedbank Lesotho Limited v Mareletse (LC/REV 78 of 15)

Nedbank Lesotho Limited v Mareletse (LC/REV 78 of 15) [2020] LSLC 1 (16 March 2020)

The arbitrator misconstrued the nature of the enquiry by focusing on the identity of the person responsible for the missing cash and other irrelevant factors, instead of determining whether the 1st respondent’s conduct amounted to gross negligence and negligence. This led to an unreasonable decision. The failure to observe dual custodianship and to perform daily balancing duties constituted negligence, justifying the review and setting aside of the arbitral award.

  • Gross negligence
  • Negligence
  • Unfair dismissal
  • Dual custodianship
  • Disciplinary procedure
  • Review of arbitration award
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Labour law [2017] LSLC 7

Ellerines Furnitures Lesotho (Pty) Ltd v Khuele (LC/REV 39 of 14)

Ellerines Furnitures Lesotho (Pty) Ltd v Khuele (LC/REV 39 of 14) [2017] LSLC 7 (17 August 2017)

Labour Court review of a dismissal dispute, holding that the arbitrator wrongly treated the initiator as a witness and set aside the DDPR award.

  • Unfair dismissal
  • Procedural fairness
  • Disciplinary hearings
  • Role of initiator
  • Compensation for procedural impropriety
  • Labour-law
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Employment law [2016] LSCA 24

Lesotho Revenue Authority v Bohloko & Others (C of A (CIV) 1 of 2016)

Lesotho Revenue Authority v Bohloko & Others (C of A (CIV) 1 of 2016) [2016] LSCA 24 (28 October 2016)

The Court of Appeal of Lesotho held that non-renewal of a fixed-term contract for poor performance did not amount to dismissal where no reasonable expectation of renewal existed.

  • Fixed term contract
  • Legitimate expectation
  • Unfair dismissal
  • Poor performance
  • Judicial review
  • Fixed-term-contract
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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.