HIGH COURT OF LESOTHO
OF POLICE 1st Respondent
- GENERAL 2nd Respondent
by Hon Mr Justice MX. Lehohla on the 29th day of November 2000.
This is a
judgment in CIV/APN/333/95 in the case of David Moholo vs
Commissioner of Police and the Attorney General. The applicant
approached this Court by way of notice of motion asking the Court to
issue an order against the respondents in the following terms :
first respondent be directed to pay to the applicant his salary from
September 1991 to November 1994, together with its interest thereon,
at the rate of 18.25% per annum from November 1994 to date of
the first respondent be directed to pay to the applicant gratuity
and other benefits from 1980 to November 1994.
and finally that the first respondent be ordered to pay costs of
applicant relied on his Founding Affidavit more especially on
paragraph 7, where he indicates that in 1990. This is what he says -
'I had left for further training overseas from the then Commissioner
of Police, Major General Dingiswayo who referred me to the present
COMPOL who was then Brigadier Pinda. The Brigadier informed me that
at that time there were no scholarships, but however later on, I
learned that there were scholarships being offered for the Police
Force. I then applied and my application was approved on behalf of
the COMPOL by the then Major Lesita. I annex hereto a copy of my
application submitted to the Scholarship Fund by the said Mr Lesita
marked Annexture "DM2" for ease of reference
is definitely before me and it encompasses the following: first, that
the trainee's name is Mohlouoa David Moholo; next, his immediate
superior/sponsor is E.S. Lesita whose rank at that time was Major in
the organisation of the police force/service. Among things which this
course would facilitate or help broaden the
of the applicant on following his educational programme to be pursued
were the following :
Government has no officers being trained in this field, i.e.
qualification in Criminology at an MA level.
request for this training will improve the law enforcement personnel
in Lesotho and in the Commonwealth.
training in this field of study will introduce me to more advanced
methods of administration of criminal justice.
are very commendable things indeed, and in response to these which
have been of course approved by Lesita in his affidavit, he states as
follows in support of the Answering Affidavit by Mpopo - Lesita says,
'I have read the affidavit of the application and correctly
understood it. I have also read and correctly understood the
answering affidavit of Moloi Mpopo and wish to confirm the contents
thereof as true and correct in so far as they relate to me'.
It is to
be found in Mpopo's affidavit that in response to paragraph 7 of the
applicant's affidavit Mpopo at paragraph 9 says : "I have no
knowledge of the contents hereof and put applicant to the proof
thereof. I was informed by Mr Lesita
verily believe same to be true when he told me that the applicant
asked him to
and sign forms which applicant was to submit to the BLSM Scholarship
fund programme because he was his supervisor. The forms have been
attached to the affidavit of applicant and they speak for
they speak for themselves and they are very impressive and what's
more what can be said about them is that nowhere does Lesita oppose
them. Instead he actually supports them, therefore from this can be
read the fact that the Commissioner of Police of the then time
approved through his subordinate officers the search and pursuit for
scholarship and training overseas by the applicant.
said this therefor I find that this application before this Court was
well conceived. I can only express my regret that because of lack of
understanding; training in the Police Force then, and perhaps even to
date, assets such as the present applicant are lost to countries
nearby - our loses are their gains.
circumstances I made the following order granting the application as
prayed in terms of prayers 1,2, and 3 to the effect
the respondents pay the applicant his salary from September 1991
the 1st respondent pay the applicant gratuity from 1980 to November
the 1st respondent pay costs of this application.
minutes after granting the above order the Court reconvened to place
on record the following which it should have started with right at
the beginning) :-After this Court had convened this morning, the
Court observed that Mr Mda was appearing for the applicant on
instruction from Du Preez Liebetrau and Co; however there was no
appearance on the respondents' side.
consequence thereof the Court Orderly shouted the two respondents'
names on the public address system three times each and his report
was that there was no response. In consequence thereof the Court was
persuaded to proceed with the matter by Mr Mda, and it duly did so.
Applicant: Mr Mda
Respondents : No Appearance
NATION GROUP INSURANCE Plaintiff
MERIAM MATLOSA 1st Defendant
HLOMPHO RAMOTHAMO 2nd Defendant
by Hon. Mr Justice M.L. Lehohla on the 24th day of November2000.
defendant prepared transfer of ownership forms on the 23rd of October
1986, the accident occurred on the 7th of March, 1987 and
ratification by the second defendant, through defendant's wife, who
in this respect would be taken to have been acting as agent of the
second defendant in view of the fact that the agreement to sell the
vehicle was between the first and second defendants, and this is not
denied. Then the ratification was on the 13th of November, 1987
giving effect to what occurred on
of October, 1986 and in this event it would appear in my view that
occurred on the 7th of March 1987 change of ownership had effectively
been made prior to this date.
basis therefore I find that the second defendant is liable to the
plaintiff for the sums set out in the summons and as prayed.
Plaintiff: Mr Grundlingh
Defendant: Mr Nathane
African Law (AfricanLII)
Ghana Law (GhaLII)
Laws of South Africa (Legislation)
Lesotho Law (LesLII)
Liberian Law (LiberLII)
Malawian Law (MalawiLII)
Namibian Law (NamibLII)
Nigerian Law (NigeriaLII)
Sierra Leone Law (SierraLII)
South African Law (SAFLII)
Seychelles Law (SeyLII)
Swaziland Law (SwaziLII)
Tanzania Law (TanzLII)
Ugandan Law (ULII)
Zambian Law (ZamLII)
Zimbabwean Law (ZimLII)
Commonwealth Countries' Law
LII of India
United States Law