Administrative Law

Mohale V The Town Clerk-Maseru City Council (CIV/APN/292/2018) [2021]LSHC 60 (08 June 2021);

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Claim for payment of arrears, incentive and acting allowance - non-involvement of the appointing authority in the alleged appointments - disputes of facts arising from the affidavits - proper approach restated - application dismissed.

 

 

 

 

IN THE HIGH COURT OF LESOTHO

 

HELD AT MASERU                                              CIV/APN/292/18

 

In the matter between

 

MATLISAKOANO MOHALE                                          APPLICANT

 

AND

 

THE TOWN CLERK- MASERU CITY COUNCIL        1ST RESPONDENT

MASERU CITY COUNCIL                                     2ND RESPONDENT

Mopeli V Compol (CIV/T/290/2019) [2021]LSHC 56 (23 August 2021);

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Claim for payment of subsistence allowance - officers attending a short course abroad per authorization of the commissioner of police - necessary authorisation from the Head of Department not obtained - policy guidelines for attendance of training - not followed - claims dismissed

 

 

 

IN THE HIGH COURT OF LESOTHO

 

HELD AT MASERU                                      CIV/T/290/2019

 

In the matter between

 

RAMATSOSO MOPELI                                        PLAINTIFF

 

AND

 

COMMISSIONER OF POLICE                               1STDEFENDANT MINISTRY OF POLICE                                     2ND DEFENDANT

Refela Diamonds (PTY) Ltd V Ministry of Mining (CIV/APN/404/2020) [2021]LSHC 55 (26 August 2021);

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Application for review of the Minister’s decision declining an application for renewal of a prospecting licence-on grounds of unreasonableness, misinterpretation of the provisions of the Mines and Minerals Act of 2005  and legitimate expectation - the evidence presented does not establish improper excise of discretion - expectation arising from an undertaking made by the commissioner of Mines lacking statutory power to make same - application dismissed.

 

 

 

IN THE HIGH COURT OF LESOTHO

(COMMERCIAL DIVISION)

 

HELD AT MASERU                                      CIV/APN/404/2020

 

In the matter between

 

REFELA DIAMONDS (PTY) LTD                           APPLICANT

 

AND

 

MINISTRY OF MINING                                      1ST RESPONDENT

MINISTER OF MINING                                       2ND RESPONDENT

Mofokeng V Commissioner of Police (CIV/APN/375/2020) [2021]LSHC 40 (25 October 2021);

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ADMINISTRATIVE LAW: Review of unterminated disciplinary proceedings- the applicant having brought an application for review of unterminated disciplinary process in the absence of exceptionality- the application dismissed with costs.

 

 

 

IN THE HIGH COURT OF LESOTHO

 

HELD AT MASERU                                                    CIV/APN/375/2020

 

In the matter between:-

 

MOTLATSI MOFOKENG                                          PLAINTIFF

 

AND

 

COMMISSIONER OF POLICE                                  1st RESPONDENT

MINISTER OF POLICE AND PUBLIC SAFETY      2nd RESPONDENT

Sub-Inspector Seeiso V Officer Commanding Mafeteng Police Station (Senior Inspector Phatela) (CIV/APN/324/2020) [2021]LSHC 39 (17 June 2021);

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ADMINITRATIVE LAW: Applicant challenging his transfer on the basis that he was not afforded pre-decision notice and hearing- Held, the applicant should have been given pre-decision notice of the intended course of action and an opportunity to make representations, there being no exceptionality justifying non-compliance with the requirement, application granted as prayed.

 

 

 

 

IN THE HIGH COURT OF LESOTHO

 

 

HELD AT MASERU                                                    CIV/APN/324/2020

 

In the matter between:

 

SUB-INSPECTOR TEBELO SEEISO                         APPLICANT

 

AND

 

OFFICER COMMANDING MAFETENG

POLICE STATION

Phafane V National Dairy Board (CIV/APN/60/2020) [2021]LSHC 37 (25 March 2021);

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ADMISTRATIVE LAW: Applicants challenging the 4th respondent’s termination of the 1st applicant’s membership of the 1st respondent- Jurisdictional facts necessary for the exercise of such power non-existent- Application granted with costs.

 

 

 

 

IN THE HIGH COURT OF LESOTHO

 

HELD AT MASERU                                                    CIV/APN/60/2020

 

In the matter between

 

SIMON KUENA PHAFANE                                        1st APPLICANT

LESOTHO CHAMBER OF COMMERCE

AND INUDSTRY                                                          2nd APPLICANT

 

AND

 

Nthulenyane V Principal Secretary, Ministry of Education (CIV/APN/52/2019) [2021]LSHC 29 (17 June 2021);

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ADMINISTRATIVE LAW: The propriety of the administrative decision-maker to correct its own decision it perceives to have been taken irregularly or unlawfully- Held, the Courts of law are the final arbiters of legality of administrative decision-making process not the administrators themselves.

 

 

 

IN THE HIGH COURT OF LESOTHO

 

HELD AT MASERU                                                    CIV/APN/52/2019

 

In the matter between:

 

‘MALECHESA NTHULENYANE                               APPLICANT

 

VS

 

PRINCIPAL SECRETARY MINISTRY

OF EDUCATION                                                         1st RESPONDENT

 

PRINCIPAL SECRETARY MINISTRY

Letsie-Rabotsoa V Principal Secretary, Ministry of Communications & Technology (CIV/APN/126/2014) [2021]LSHC 28 (17 June 2021);

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ADMINISTRATIVE LAW: The Principal Secretary initiating proceedings to terminate the applicant’s appointment on account of procedural irregularities- The court having been approached on an urgent basis and interim prohibitory interdict issued- Questions being raised about the court’s involvement at the show-cause stage- Held, for the reason that the Principal Secretary did not have jurisdiction to issue the show-cause letter, the court was justified to intervene at the stage of unterminated proceedings- Furthermore, on the issue whether the Principal Secretary could ignore the decision of his predecessor, and whether the court can determine the validity of appointment in the absence of a reactive challenge embodied in a counter application to review the impugned decision, the Oudekraal and Kirland principles discussed and  applied.

IN THE HIGH COURT OF LESOTHO

 

HELD AT MASERU                                                    CIV/APN/126/2021

 

In the matter between

 

`MABOHLOKOA LETSIE-RABOTSOA                   APPLICANT

 

AND

 

PRINCIPAL SECRETARY MINISTRY OF

COMMUNICATIONS AND TECHNOLOGY            1ST RESPONDENT

 

PUBLIC SERVICE COMMISSION                            2ND RESPONDENT

 

Khojane V The School Secretary ACL Schools (CIV/APN/245/2020) [2021]LSHC 24 (22 April 2021);

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ADMINISTRATIVE LAW: Applicant challenging his dismissal on review based on substantial irregularities- the alleged irregularities having been found unfounded, application dismissed with costs.

 

IN THE HIGH COURT OF LESOTHO

 

 

HELD AT MASERU                                                    CIV/APN/245/2020

 

 

In the matter between:

 

 

MOTHIBELI KHOJANE                                            APPLICANT

 

 

AND

 

 

THE SCHOOL SECRETARY ACL SCHOOLS          1st RESPONDENT

THE SCHOOL GOVERNING BOARD (ST.

Abia Taxi Association V Abia Taxi Association Committee (CIV/APN/151/2021) [2021]LSHC 21 (17 June 2021);

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ELECTION DISPUTE: The applicants are disgruntled former members of the executive committee of the association- they are challenging the legitimacy of the elections which voted them out of office - Held, that there is no evidence to prove that the incumbent members were not elected properly, application accordingly dismissed with costs.

 

 

IN THE HIGH COURT OF LESOTHO

 

HELD AT MASERU                                                   CIV/APN/151/2021

 

In the matter between:

 

ABIA TAXI ASSOCIATION                                       1ST APPLICANT

ABIA TAXI ASSOCIATION COMMITTEE              2ND APPLICANT

LIBUPUOA LETSIE                                                    3RD APPLICANT

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