Administrative Action

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

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SUMMARY

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

Matela V Lesotho Communication Authority (C of A (CIV) 35/2021) [2021] LSCA 37 (12 November 2021);

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SUMMARY

The Labour Appeal Court does not have jurisdiction to determine disputes around the dismissal of the Chief Executive Officer of the Lesotho Communications Authority by the Minister of Communications, Science and Technology. The Minister is empowered by the Communications Act 18 of 2012. Review of administrative action in terms of section 38A of the Labour Code (Amendment) Act 3 of 2000 is not applicable.

 

 

IN THE COURT OF APPEAL OF LESOTHO

                                                                                                                                C OF A(CIV) 35/2021

 

In the matter between –

 

MAMARAME MATELA                                                                                                                       APPELLANT

and

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

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Summary

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

Molapo v P.S Ministry of Communications (C of A (CIV) 02/2020) [2021] LSCA 1 (14 May 2021);

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IN THE COURT OF APPEAL OF LESOTHO

 

HELD AT MASERU                                                     C OF A (CIV) 02/2020                                                                                         

CIV/APN/105/2019                                                                                         

                                                                                                                             

Swissbourgh Diamond Mines (Pty) Ltd and Another v Commissioner of Mines and Geology NO And Others (C. OF A. (CIV) NO. 25/1996 ) ([node:field-casenumber]) [1996] LSCA 56 (03 May 1996);

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C. OF A.
(CIV) NO. 25/1996


IN THE
LESOTHO COURT OP APPEAL





In the
matter of: