Administrative Law

Chalatse V Minister of Public Service (CIV/APN/304/2021) [2022] LSHC 103 (31 August 2022);

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Organisational restructuring - Applicant seeking to have his salary upgraded from grade ‘J’ to ‘K’ in accordance with the revised approved structure of the Judiciary - And further claiming salary arrears from the date of his appointment to the position - In reaction, Respondents arguing that the claim is misconceived as the new structure of the Judiciary is not yet operational because it has only been ‘approved’ but not yet ‘implemented’ - The revised structure having been approved the court is of the view that Applicant ought to have been paid in accordance with it from the onset of his appointment and orders that he be paid accordingly with arrears as a result of the shortfall in his salary.

 

 

 

 

IN THE HIGH COURT OF LESOTHO                           CIV/APN/304/2021

HELD AT MASERU                                                             

In the matter between:

RABUKA CHALATSE                                                             APPLICANT

and

MINISTER OF PUBLIC SERVICE                               1st RESPONDENT

PRINCIPAL SECRETARY, MINISTRY                         2nd RESPONDENT

Marematlou Freedom Party V Lekatsa (CIV/APN/20/2022) [2022] LSHC 95 (31 August 2022);

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IN THE HIGH COURT OF LESOTHO

Held in Maseru

                                                                                              CIV/APN/20/2022

In the matter between:

 

MAREMATLOU FREEDOM PARTY & ANOTHER        APPLICANTS

 

And

 

LEKATSA & OTHERS                                                                RESPONDENTS

Hlalele V Principal Secretary Ministry of Public Service (CIV/APN/0053/2022) [2022] LSHC 84 (15 August 2022);

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The Rules of natural justice  – Transfer – No prehearing procedure followed before applicant was served with the letter of transfer – Actions of administrators to comply with principles of natural justice unless the law provides otherwise.

 

 

 

 

 

 

IN THE HIGH COURT OF LESOTHO

 

HELD AT MASERU

                                                                                                            CIV/APN/0053/2022

 

In the matter between:-               

                                               

HLALELE HLALELE                                                                    APPLICANT

 

AND

 

Ramakhula V The Chairperson-Mafeteng urban Council (CIV/APN/344/2020) [2022]LSHC 42 (20 June 2022);

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        Jurisdiction - Mandamus - Whether matter falls under the High Court in its ordinary civil jurisdiction or the Land Court - Court finds application to revolve on mandamus, and therefore, within the competence of this court.

IN THE HIGH COURT OF LESOTHO

 

HELD AT MASERU                                                       CIV/APN/344/2020

In the matter between:

LITEBOHO RAMAKHULA                                              1st APPLICANT

`MAKALOSI ARIA RAMAKHULA                                       2nd APPLICANT

and

THE CHAIRPERSON - MAFETENG URBAN                1st RESPONDENT

COUNCIL                

Bokopane V COMPOL (C of A No. 56/2021) [2022]LSCA 20 (13 May 2022);

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Administrative Law – Mootness– unreasonableness as ground for review –Appeal not to be disposed off on account of mootness as costs issue still potentially remain to be considered in the appeal– No factual basis for the finding of unreasonableness in casu – Appeal dismissed with costs – Judgment of the High Court confirmed.

 

 

 

IN THE COURT OF APPEAL OF LESOTHO

 

HELD AT MASERU                          C of A (CIV) NO.56/2021

 

In the matter between:

 

RETŠELISITSOE BOKOPANE                              APPELLANT

 

AND

 

COMMISSIONER OF POLICE                   FIRST RESPONDENT

ATTORNEY GENERAL                          SECOND RESPONDENT

 

The Ministry of Trade and Industry v Seleke (C of A No. 41/2021) [2022]LSCA 09 (13 May 2022);

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Administrative law – Jurisdiction -Review of administrative act -Application for review of a decision of the Minister of Trade and Industry not to renew the contract of the Chief Executive Officer of the Lesotho National Development Corporation

 

 

 

 

IN THE COURT OF APPEAL OF LESOTHO

 

HELD AT MASERU                                  C OF A (CIV) NO.41/2021

 

In the matter between:

 

THE MINISTRY OF TRADE AND INDUSTRY           1ST APPELLANT

THE PRINCIPAL SECRETARY, MINISTRY OF

TRADE AND INDUSTRY                                          2ND APPELLANT

THE ATTORNEY GENERAL                                    3RD APPELLANT

Ramoepana V The Crown (C of A (CRI) 05/2021) [2021] LSCA 38 (12 November 2021);

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Administrative Law- when the Court may interfere with the DPP’s exercise of discretion or the lower Court’s discretion- The appellate Court will be slow to interfere with the exercise of discretion unless there is demonstrable irrationality- Such a challenge has to be done by notice of motion as these have to be review proceedings- appellant was not compliant with procedure, Section 59 of the Subordinate Court Order ought to have been specifically pleaded.- Appeal dismissed.

 

 

 

IN THE COURT OF APPEAL OF LESOTHO

HELD AT MASERU                                                       C OF A (CRI) 05/2021

CRI/T/0002/2018

In the matter between:

 

PITSO RAMOEPANE                                                     APPELLANT

 

AND

 

THE CROWN                                                                 1ST RESPONDENT

Sankatana Social Democracy V Rammina (C of A (CIV) 01/2021) [2021] LSCA 35 (12 November 2021);

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Membership in the National Reforms Authority- Respondent purportedly removed by the nominating political party in contravention of Section 5 (6) and 9 respectively of the National Reforms Authority Act of 2019- respondent not heard by appellant-the audi alteram partem rule must be observed- appeal dismissed.

                         

IN THE COURT OF APPEAL LESOTHO

HELD AT MASERU

                        C OF A (CIV) 01/2021

 CIV/APN/382/2021

In the matter between                                                                                                                     

SENKATANA SOCIAL DEMOCRACY               APPELLANT

And

LEFULESELE RAMMINA                         1ST RESPONDENT

National Dairy Board V Phafane (C of A (CIV) 24/2021 ) [2021] LSCA 33 (12 November 2021);

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Administrative Law- First respondent challenging the 4th Respondent’s termination of his membership of the second appellant- Jurisdictional facts of the exercise of such power by the minister non-existent- Lower Court granting the application with costs- Illegality, procedural impropriety and wednesbury unreasonableness grounds considered- Appeal dismissed with costs.

 

 

 

IN THE COURT OF APPEAL OF LESOTHO

                                                                             C OF A (CIV) NO 24/2021

                                                                             CIV/PPN/160/2020

HELD AT MASERU

In matter between:

NATIONAL DAIRY BOARD                                          FIRST APPELLANT

CHIEF EXECUTIVE OFFICER

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

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