Administrative Law

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

Share
Flynote: 
Administrative Law
Public Service
Public Officer
Search Summary: 

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);

Share
Flynote: 
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

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

Share
Flynote: 
Administrative Law
Search Summary: 

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);

Share
Flynote: 
Administrative Law
Search Summary: 

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

 

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

Share
Flynote: 
Administrative Law
Administrative Action
Search Summary: 

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);

Share
Flynote: 
Administrative Law
Administrative Action
Search Summary: 

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

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

Share
Flynote: 
Administrative Law
Search Summary: 

SUMMARY

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

Senkatana Social Democracy v Rammina & 3 Ors (C of A (CIV) 01/2001) [2021] LSCA 30 (12 November 2021);

Share
Flynote: 
Administrative Law
Natural Justice

                         

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

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

Share
Flynote: 
Administrative Law
Search Summary: 

Summary

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);

Share
Flynote: 
Administrative Law
Search Summary: 

Summary

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

Pages