HIGH COURT OF LESOTHO
PRINCIPAL SECRETARY MINISTRY OF HEALTH 1st RESPONDENT
ATTORNEY GENERAL 2nd RESPONDENT
SERVICE COMMISSION 3BD RESPONDENT
by the Honourable Mr Justice T. Nomngcongo on 13 June 2005
applicant approaches this court on a certificate of urgency for
prayers in the following terms:
1. That a rule nisi be and it is hereby ordered on the date and time
to be determined by the Honourable court calling upon the
to show cause why:
periods of service and modes shall not be dispensed with on account
of urgency of this matter.
respondent should not be directed to re- instate applicant as a
respondent should not be directed to confirm applicant
as a permanent public officer with effect from the 11th July 1997
when applicant completed his probation period.
should not be directed to take appropriate steps to ensure that
applicant is paid in full salary with effect from 11lh
applicant further and alternative relief. 2. Prayer (1) (a) to
operate with immediate effect as interim interdict
matter came before Guni j. on the 5th December she refused to grant
interim relief. In my respectful view she was fully
doing so. It is now urged that disposed of the question of urgency.
That cannot be true. It remains a fact that applicant
the court claiming urgency, where actually none existed.
of the founding affidavit the cause of action arose at least in
October 1999. He approached the court on the 5th December
claiming urgency. This was the grossest abuse of this court's process
which has been decried by this and the appeal court
occasions. The applicant, cannot get away with this abuse by claiming
that the court saw through it.
not hesitate to dismiss this application on this grounds alone.
is dismissed with costs.
Lekokoto: For Applicant
Mapetla : For Respondent
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