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High Court - 2023 March

11 judgments
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11 judgments
Citation
Judgment date
March 2023
Independent Electoral Commission v Speaker of the National Assembly (CIV/P/0002/2022) [2023] LSHC 14 (30 March 2023)
SUMMARY: ELECTION LAW: Independent Electoral Commission (IEC) and other interested parties lodging an election petition under the provisions of Section 125 (c) of the National Assembly Electoral Act, 2011(“the Act”) on account of the error it committed when calculating proportional representation seats in the wake of the General Elections held on 7 October 2022- Held, that the IEC committed an error by not excluding the Revolution for Prosperity Party and National Independent Party in the second round of seat allocation contrary to Section 3 (2) (b) of the Third Schedule to the Act, the two parties having won more or equal constituency seats, respectively, than their provisional allocation of seats.
30 March 2023
Golden Rewards Civils & Construction Contructor (Pty) Ltd v Principal Secretary Ministry of Local Government (CCA/0018/2023) [2023] LSHC 15 (27 March 2023)
SUMMARY Arbitration – Parties agreeing to have their dispute resolved by arbitration – Once a party signs for arbitration, it cannot invoke jurisdiction of High Court when arbitration agreement is extant and its enforcement is not against public policy – Agreements freely entered into must be honoured.
27 March 2023
Palime v Kele (CCT/0249/2021) [2023] LSHC 10 (27 March 2023)
SUMMARY Agreement of sale of plot-Cancellation of the sale agreement-Defendants excepting to court’s jurisdiction-Exception misguided and not in conformity with guiding principles- exception dismissed.
27 March 2023
Pegasus Supplies (Pty) Ltd v Lirahalibonoe (Pty) Ltd (CCA/0018/2022) [2023] LSHC 3 (21 March 2023)
SUMMARY Law of contract- Elements of a valid contract – essentials of a partnership - what constitutes termination of a contract.
21 March 2023
Rex V Lekhanya (CRI/T/110/2022) [2023] LSHC 3 (16 March 2023)
16 March 2023
Phakoe Building Construction v Tsilo Star Construction (CCA/0044/2019) [2023] LSHC 11 (13 March 2023)
SUMMARY: Tender Panel making award to a tenderer not recommended by Evaluation Team – Tender Panel properly exercising its powers in declining the recommended tenderer whose tendered price was irregular – Public Procurement Advice Division does not have jurisdiction to entertain an appeal from a dissatisfied tenderer without recourse, in the first place, to the Procurement Unit – The decision of the Tender Panel stands.
13 March 2023
Rex v Mokhupi (CRI/T/0034/2022) [2023] LSHC 8 (9 March 2023)
SUMMARY Murder – Crown failing to prove beyond reasonable doubt that the accused persons sharing a common purpose, had the necessary intention to kill the deceased. Accused persons found guilty of culpable homicide- Accused persons ought reasonably to have foreseen possibility of resultant death, and that such death ensued.
9 March 2023
Hata Butle (Pty) Ltd v Khoete (CCA/0022/2017) [2023] LSHC 4 (7 March 2023)
SUMMARY Contempt of Court – The law on contempt of court re-stated and discussed
7 March 2023
Khabanyane v Commissioner of Police and Others (CIV/T/254/2016) [2023] LSHC 211 (7 March 2023)
Delict - claim for damages for assault by the police - police assaulting plaintiff at his home - plaintiff neither suspected of committing any offence nor charged - assault immediately reported to superiors but no action taken - duty of Commissioner of Police, Director of Public Prosecutions and Attorney General to protect the rule oflaw - systemic and institutional weaknesses affecting effective investigation and prosecution of cases of police brutality - constraints in pursuing compensation in criminal proceedings - determination of award of damages in accordance with pattern of previous awards - imperative to reform the police service in order to curb police brutality - Constitution of Lesotho, 1993 section 11; Criminal Procedure And Evidence Act, 1981 sections 39, 40, 321; Inquests Proclamation, 1954 sections 6 (f), 17; Penal Code, 2010 section 31 (2); Police Service Act, 1998 section 22.
7 March 2023
'Mapaballo Pule V Rethabile Pule (CIV/APN/142/2022) [2023] LSHC 18 (7 March 2023)
7 March 2023
Koloi v Compol (CIV/APN/0049/2022) [2023] LSHC 154 (2 March 2023)
SUMMARY Rejection of application for withdrawal of early retirement- Whether failure to furnish reasons amounts to unfair dismissal – Is the applicant entitled to reinstatement and payment of salaries.
2 March 2023