HIGH COURT OF LESOTHO
PRIVATE SCHOOL Applicant
'MASECHELE KHAKETLA Respondent
by the Hon. Mr. Justice B.K. Molai on the 10th day of February, 1992.
December, 1990, the applicant herein obtained, ex-parte, a rule nisi
calling upon the Respondent to show cause why;
shall not handover forthwith the property of applicant herein to
Messrs R.V. Lechesa and L.Lechesa, two trustees duly
terms of the constitution of applicant,
shall not handover forthwith the management and/or administration of
applicant to the Executive Committee duly appointed
in terms of the
constitution of applicant.
shall not submit to the Executive Committee of Applicant audited
financial report relating to the financial affairs
during the period she purported to run the school.
shall not desist forthwith from managing and/or administering
shall not pay costs of this application.
shall not be granted any further and/or alternative relief."
Respondent intimated intention to oppose confirmation of the rule and
affidavits were duly filed by the parties.
In as far
as it is relevant, the facts disclosed by affidavits deponed to by a
certain T.Kulehile in support of the case for the
applicant, are that
pursuant to annexure "I.P.S.2", a constitution duly
registered with the office of Che Registrar General,
a Governing body
which consisted of the parents and guardians of the pupils was, on
6th February, 1962 established for the applicant
school which was the
lawful occupant of site number 153 Cathedral area, Maseru City, In
terms of the provisions of Annexure "I.P.S.2"
management/administration of the applicant school was to be vested in
the Executive Committee of the Governing Body.
to the provisions of annexure "I.P.S.2", the Respondent
had, however, been running the applicant school as if
it were her
personal property. After this anomaly had come to its notice, the
Governing Body of the applicant school held, on 1st
a general meeting and elected,
of the provisions of Clause 2 of Annexure "I.P.S.2", an
Executive Committee of which the deponent was the chairman
annexure "1.P.S.3", a letter of 6th September, 1990
addressed to the Respondent who was also invited to attend
Executive Committee's first meeting to be held on 16th September,
first meeting on 16th September, 1990, the Executive Committee
resolved that the Respondent should, inter alia, handover
property and the management/administration as well as the financial
reports of the applicant school to the trustees and the
respectively. The resolution was communicated to the Respondent by
the committee's letter of 28th September, 1990.
addressed a letter to the Respondent demanding that she should put
into effect the Executive Committee's resolution which
had been taken
at its meeting of 16th September, 1990. Notwithstanding the fact that
she had received the letter, the Respondent
refused/neglected to put
into effect the resolution of the Executive Committee. According to
the deponent, rather than give effect
to the resolution, the
Respondent threatened some teachers and pupils, whose parents were
members of the Executive Committee, with
expulsion from the applicant
school. All in all, she rendered the management/administration of the
applicant school by the Executive
Committee, duly appointed in terms
of the provisions of Annexure "I.P.S.2", negative. Hence
the institution of these
proceedings for relief as aforesaid.
answering affidavit, the Respondent averred that she and two other
persona viz. Mrs Lebentlele and Mrs. Mosese were members
of staff at
the Basutoland High School (now Lesotho High School) when, with the
assistance of a certain Mrs. Malahleha, an unemployed
started giving extra tuition to 3 of the students at the High School.
They were operating under a tree. The number
of students requiring
the extra tuition offered by the Respondent and her colleagues
increased rapidly and exceeded 20. The Respondent
and her colleagues
were then warned by the Education Department that they constituted a
school in terms of the law of the land
could no longer properly operate in the open. They had to be housed
in some premises.
applied for a plot on which the required premises could be
constructed, the Respondent and her colleagues were informed
land allocating and the Education authorities that their application
could not be considered unless they had a constitution
school. With the assistance of a certain Mr. Michael, the Respondent
and her colleagues accordingly prepared annexure "I.P.S.2"
on the basis of which they were able to obtain, in the name of
Iketsetseng Private School, site number 153 Cathedral Area, Maseru,
and established the school which was duly approved by the Education
Department in Lesotho.
to the Respondent, annexure "I.P.S.2" is a document
prepared merely to obtain site 153 and procure the approval
Iketsetseng Private School. She denies, therefore, the averments that
annexure "I.P.S.2" is either the constitution
Iketsetseng Private School or registered with the Registrar General
as alleged. She further denies that any Governing Body was
established for the school of which she and her colleagues have
always been the sole proprietors and/or administrators.
view, the decision in this matter pivots around
the applicant school has a constitution in accordance with which it
is to be administered or the administration thereof
should rest with
significant to observe that the Respondent herself certified and
signed annexure "I.P.S.2" as a true copy of the
constitution of the applicant school. The title of Annexure "I.P.S.2"
"Iketsetseng Private School Constitution
As adopted at the Special General Meeting of the Governing Body held
at the school on February 6th, 1992."
document (annexure "I.P.S.2" ) also bears a rubber stamp
impression indicating that it has been registered under number
in the Deeds Registry, Maseru under the Deeds Registry Act 1967.
Clause 1 of annexure "I.P.S.2" clearly provides,
shall be and is hereby constituted a Governing Body for Iketeetseng
of annexure "I.P.S.2" also provides, in part:
Governing Body shall consist of the parents and guardians of the
pupils of the school for the time being, who shall, ipso
become members thereof on the acceptance of their children or wards
as pupils of the school, and shall cease to
be members thereof on their children or wards ceasing to be pupils of
being had to all this, there is not the slightest doubt in my mind
that in her denials that the Applicant school has a constitution,
Annexure "I.P.S.2", registered with the Registrar General
and, in terms thereof, a Governing Body was constituted/established
for the school, the Respondent is not being honest with this court.
Her denials simply cannot, in my finding, be supported by the
disclosed by affidavits, I accordingly accept as the truth the story
that the applicant school has a registered constitution,
"I.P.S.2" in accordance with which it must be administered
and reject as false the Respondent' s version that
it does not and
the administration thereof is vested in her/or her collegues.
common cause that the Respondent and her colleagues have always been
running the administration of the applicant school. However,
the correctness of my finding that the applicant school has a
constitution, annexure "I.P.S.2", which was adopted
February, 1962 and subsequently registered with the Registrar
General, it seems to me that the moment annexure "I.P.S.2"
was registered, the Respondent and her colleagues could not have
lawfully continued to administer the applicant school which had
run in accordance with its registered constitution. The Executive
Committee of the Governing Body ought to have been elected,
of para. 2 of Clause 2 of Annexure "I.P.S.2", to take over
the administration of the school, as provided for
by Clause 4 of
"4. On behalf of the Governing Body the management of the school
shall be vested in the Executive Committee (herein referred
to as the
committee) which shall consist of the Chairman of the Governing Body,
the Vice Chairman, the Trustees and the Principal
of the school and
two members of the Governing Body elected at the Annual General
Meeting. The Governing Body and/or the committee
shall have the power
to elect or co-opt any persons, whether members of the Governing Body
or not, who, in their opinion, will
be of assistance in furthering
the objects of the Governing Body."
regards prayer (c) of the interim rule viz that the Respondent
submits to the Executive Committee audited financial reports,
to be observed that Clause 6 of annexure "I.P.S.2"
"6. The Financial Year of the Governing Body shall be from 1st
January to 31st December. Proper books of account and an annual
Balance Sheet and Revenue and Expenditure Account shall be prepared
which shall be duly audited by someone or more persons appointed
therefore by the committee. whose fee shall be voted by the
committee. Thereafter they shall be presented by the committee to the
Annual General Meeting of the Governing Body, together with a report
by the committee on the work done by it during the year; the
shall embody a report by the Principal on the work of the school
during the same period." (my underlining)
underscored the words "which shall be duly audited by someone or
more persons appointed therefor by the committee"
in the above
cited clause 6 of annexure "I.P.S.2" to indicate my view
that if the Respondent were to submit to the Executive
audited financial reports, the committee itself must first have
appointed a qualified persons/s to audit the books of
account. In the
papers before me, there is no suggestion that the committee has
complied with the pre-requisite of Clause 6 of
for the submissions of audited reports. That being so, there is, in
my finding, no way the Respondent
can effect an order given under
prayer (c) of the interim rule i.e. submit to the Executive Committee
of Applicant audited financial
foregoing, it is obvious that the view that I take is that the rule
ought to be confirmed as regards prayers (a), (b) and
discharged in respect of prayer (c) of the rule that the applicant
obtained, ex parte, against the Respondent, on 14th
It is accordingly ordered.
As it has
substantially succeeded in the application, the applicant school is
awarded 3/4 of the costs.
Applicant : Mr.Pheko
Respondent: Mr. Sello.
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