HIGH COURT OF LESOTHO
OF HEALTH 1st Defendant
by the Hon. Mrs Justice A. M. Hlajoane on 23rd October,
in this case instituted an action against the Defendants claiming
payment of M18, 588.50 being salary withheld during
and payment of Ml00,000.00 as damages for contumelia with interest
and costs of suit.
in a nutshell were that Plaintiff was employed as an assistant
accountant in the Ministry of Health having joined the
on the 1st April 1977. Plaintiff was interdicted without pay from 5th
January, 1990 until 15 July 1991 when he started
receiving half pay.
At the time his full salary was M791.00 per month.
interdiction was pending finalisation of a criminal case that had
been instituted against the Plaintiff at the instigation of
showed that the criminal case has never been prosecuted to date, but
at some point during or about November, 1991 the
purported to have the case struck off the roll. Plaintiff therefore
as a result of that sought his reinstatement
only to be told by the
first Defendant's Ministry that there was still a criminal case
pending against him. That position of the
1st Defendant was confirmed
by the High Court in an application for reinstatement, which was
dismissed by the High Court.
the dismissal of that application, Plaintiff sought to have the
criminal case against him proceeded with but all in vain.
Prosecutor was insisting that he could not proceed with a case or
prosecute a case which he had struck off the roll.
placed the Plaintiff in an invidious position. An unfair position
because he could not be allowed to resume his duties allegedly
because there was a case pending, yet at the same time the case could
not be proceeded with on account of Public Prosecutor's insistence
that the case had been struck off the roll.
desparation, the Plaintiff resigned from the Public Service in June
1992. His attempts to obtain alternative employment were
by the case that was still pending against him. The said criminal
case was eventually permanently stayed by the High
non-prosecution on the 14th November, 2004.
counsel for Plaintiff appeared before me on the 17th October, he
indicated that the Respondents though initially opposed this
were no longer opposing the granting of the relief sought in the
summons. The Court therefore after listening to the evidence
Plaintiff felt that on a balance of probabilities the claims have to
succeed. But considering that Plaintiff resigned in
were thus open to him to seek alternative employment in an effort to
mitigate his loss. Whether he got such employment
another thing. Judgment is thus given against the Defendants as
of M18,588.50 for salary withheld during interdiction.
damages for contumelia with interest at 16.75% and costs.
Plaintiff: Mr Nyane
Defendants: Mr Mohapi
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