Constitutional Law

Lesotho Medical Association and Another v Minister of Health and Others (CONST. CC NO: 19/2019) [2020] LSHC 1 (24 June 2020);

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Constitutional law- Constitution of Lesotho 1993- Chapter II and Chapter III rights- enforceability of Chapter III rights - The applicants seeking direct enforcement of the right to just and favourable conditions of work which Is located under the Directive Principles of State Policy (Chapter III)- Direct enforcement of DPSPs prohibited by s.25 of the Constitution - Power of the court to decline jurisdiction in terms of s. 22(2) where adequate remedies are available to the applicant in another forum- the 2nd applicant suing for setting aside of his suspension in the Constitutional Court, impermissible where adequate redress available in other forums- whether the enforcement of Chapter II is restricted to natural persons - Enforcement of Chapter II rights not restricted to natural persons at juristic persons to a certain extent have rights protected under the same Chapter-freedom from arbitrary seizure of property- Freedom from arbitrary seizure of property, the role and status of s. 4 of the Constitution- s.4 of the Constitution is an enacting section and should be read together with s.17 as the two are complimentary- s.17 covers instances of formal property interferences which are instigated at the behest of the State for public purposes and which would require compensation, while other property interferences not covered under s. 17 should be invoked under s.4- The right to life and the State's substantive obligations- the State is obliged in terms of s.5 of the Constitution in fulfilment of its substantive obligation to provide protective equipment to the doctors.

Transformation Resource Centre & 2 Others Vs Council of State & 62 others (Cons case No/08/2019) [2019] LSHC 10 (16 October 2019);

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CONS CASE/08/2019

IN THE HIGH COURT OF LESOTHO

(Exercising Constitutional Jurisdiction)

(HELD AT MASERU)

In the matter between

 

INDEPENDENT ELECTORAL COMMISSION       URGENT APPLICANT

 

AND

 

THE GOVERNMENT OF LESOTHO                               64TH RESPONDENT

MINISTER OF FINANCE                                                   65TH RESPONDENT