CIV/APN/140/03
IN THE HIGH COURT OF LESOTHO In the matter between:-
SEJAKHOSI KAMOLANE APPLICANT
and
PRINCIPAL SECRETARY -
MINISTRY OF AGRICULTURE 1st RESPONDENT
PUBLIC SERVICE COMMISSION 2nd RESPONDENT
PUBLIC SERVICE COMMISSION 3rd RESPONDENT
ATTORNEY GENERAL 4™ RESPONDENT
JUDGMENT
CORAM : HON MR JUSTICE S.N. PEETE DATE : 27th MARCH 2006
[1] In his original application the applicant prayed for an order couched as follows:-
"1. That the purported resignation by the applicant be declared null and void. [This prayer was later formally abandoned]
2
2. That the Government of Lesotho represented by 3rd respondent be ordered to pay applicant his wages/salary as from the date his wages/salary i.e. from December 2000.
3. That Respondents herein be ordered to pay costs of this application.
4. That Respondent herein be ordered to pay costs of this application."
[2] The applicant concedes that since December 2000 he rendered no services in the Ministry of Agriculture after he had written a letter of resigning with immediate effect..
[3] It was common cause that the applicant had been appointed on temporary terms with effect from the 17th January 1995 as a Gabion Builder.
[4] Para (d) of the "Offer of Appointment on Temporary Terms" (Annexure SK1) reads
"You, or the Commission or authority that appointed you, may give one calendar month's notice of termination of appointment, for which no reason need be given."
[5] It is not in dispute that on the 10th December 2000 the applicant was operating an excavator when it had an accident.
[6] The applicant states in his founding affidavit that:-
3
"As the result of the said accident, 1st Respondent through his Agents, called me and made me sign a letter in English the language I do not know as indeed I am illiterate - see the true copy of the said letter annexed and marked "SK2"
[7] It must be noted at once that the letter annexed is NOT written in English but in Sesotho and is head-addressed P.O. Box 150
Mantsonyane, Ha Mahlong.
It reads:
"P.O. BOX 150 MANTSONYANE HA MAHLONG
14-12-2000
AG/P23134
P.S. PUBLIC SERVICE
MASERU
U.F.S. DCFLUP P.S AGRIC
BOITOKOLLO MOSEBETSING
Ho latela phoso ea ka ea ho qhoba Mochini oa 'Muso ntle ho tumello 'me mochini ojoalo o senyehile matsohong a ka; le hore ke boele ke qhobe o mong hape ntle le tumello joalo oona o etse ts'enyo Thepeng ea bathojoaloka kaphepelo ea metsi le tse ling; ke kopa ho itokolla mosebetsing hang-hang.
Liphoso tse na li etsahetse Matsieng ka la 10-12-2000 bosiu. Oa tsena
SEJAKHOSI KAMOLANE "
4
[8] It is clear that the applicant's version lacks candidness on its own, because the resignation letter was not written in English - the language he did not understand - but it Sesotho and appears to have been authored by himself somewhere at Mantsonyane.
[9] He further states that he was intimidated into signing this letter and that he believed it was a letter authorizing repairs and that its contents were never even read back to him.
[10] If then he believed he was signing a letter authorizing repairs, it baffles one why the applicant thereupon stopped working in the Ministry. In all probability the applicant authored the letter and resigned because of the mishap that had occurred on the 10 December 2000. To hold otherwise would violate good reason. Applicant's affidavit does not make any sense; at para 7 he states:
"Before I would sign the said letter I had been intimidated and ordered to resign hence I opted to repair the excavator and requested to be issued with the authority to repair the same."
[11] It is also alleged that as at December 2002, the Public Service Commission had not considered his purported resignation. This however does to nullify the fact that he had tendered his resignation.
5 [12] The applicant lastly states
"I aver that the purported resignation is unlawful and that it amounts to my dismissal"
[13] Whereas in his original notice of motion, the applicant had prayed that
"...the purported resignation by the applicant be declared null and void."
upon ground that it was fraudulently induced, this prayer was later formally abandoned.
[14] The abandonment of this prayer leaves the rest of the relief claimed without foundation and since, upon his own admission, the applicant rendered no services, there is no valid reason why the Government of Lesotho should be ordered to pay applicant salaries from December 2000. Finding himself in a quandary, applicant had no other option but to resign and while he was at Mantsonyane he caused to be written in Sesotho the letter dated 14.12.2000. (See Chobokoane v Attorney General — 1991-92 LLR 1 - claim for arrear salary)
[15] I hold that the applicant has failed to make a case entitling him to
relief. I also hold that he voluntarily rendered his resignation without even giving one month's notice thus terminating his employment contract.
6
More importantly, the letter of resignation dated 14-12-2000 was addressed not to his immediate employer (1st Respondent) but to the 2nd respondent. This letter has not been withdrawn and cannot be rescinded unilaterally - Commissioner of Police v Captain Tseka -1991-96 LLR 80 per Browde J.A; see also Rantee vs Attorney General 1985-1990 LLR 92 per Molai J.
The application is dismissed with costs.
S.N. PEETE JUDGE
For Applicant : Mr Khauoe For Respondents : Mr Putsoane
