Administrative Law

Fischer Consulting Joint Venture V Ministry of Public Works (CCA/0115/2021) [2022] LSHC 158 (14 March 2022);

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Administrative Law
Administrative Review
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SUMMARY

 

ADMINISTRATIVE LAW: Judicial review based on rationality of the decision of the 1st respondent to award the tender to the 3rd respondent despite critical shortcomings in its technical bid- Principles applicable to rationality review considered and applied.

 

 

 

 

IN THE HIGH COURT OF LESOTHO

(COMMERCIAL DIVISION)

 

HELD AT MASERU                                                    CCA/0115/2021

 

In the matter between:                                       

 

FISCHER CONSULTING JOINT VENTURE            APPLICANT

 

AND

 

MINISTRY OF PUBLIC WORKS

Tsukulu v The Independent Electoral Commission & 3 Ors (C of A (CIV) 59/2022) [2022]LSCA 31 (11 November 2022);

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IN THE COURT OF APPEAL OF LESOTHO

HELD AT MASERU

C OF A (CIV) NO. 60/2022

CIV/APN/0288/2022

 

In the matter between:

 

CHEPANE MOTHAE                                            1st APPELLANT

DEMOCRATIC CONGRESS                                 2ndAPPELLANT

 

AND

 

THE INDEPENDENT ELECTORAL

Mothae v The Independent Electoral Commission (C of A (CIV) 60/2022) [2022]LSCA 30 (11 November 2022);

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IN THE COURT OF APPEAL OF LESOTHO

HELD AT MASERU

C OF A (CIV) NO. 60/2022

CIV/APN/0288/2022

 

In the matter between:

 

CHEPANE MOTHAE                                            1st APPELLANT

DEMOCRATIC CONGRESS                                 2ndAPPELLANT

 

AND

 

THE INDEPENDENT ELECTORAL

Minister of Public Service v Chalatse (C of A (CIV) 48/2022) [2022]LSCA 37 (11 November 2022);

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Public Service
Public Officer

 

IN THE COURT OF APPEAL OF LESOTHO

HELD AT MASERU

 

C of A (CIV) NO. 48/2022                                                                                                    CIV/APN/304/2021

In the matter between

 

MINISTER OF PUBLIC SERVICE                                      1ST APPELLANT

PRINCIPAL SECRETARY MINISTRY

OF PUBLIC SERVICE                                                          2ND APPELLANT

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

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Administrative Law
Public Service
Public Officer
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SUMMARY

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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Administrative Law
Administrative Action

 

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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Justice and fairness
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SUMMARY

 

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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Administrative Law
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SUMMARY

 

        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
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SUMMARY

 

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 Action
Administrative Review
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SUMMARY

 

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

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