Constitutional Law

Makhalemele V Board of Enquiry of National Security Service (Cons. No. 0011/2022) [2022] LSHC 106 (06 July 2022);

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Constitutional litigation – Jurisdiction of the High Court exercising constitutional jurisdiction –Prayers in the notice of motion not substantiated in founding affidavit – Attempt to amplify case in arguments – Applicant failed to found constitutional jurisdiction– Court declining jurisdiction on the application- No order as to costs.

 

 

 

 

 

IN THE HIGH COURT OF LESOTHO

(Exercising Constitutional Jurisdiction)

 

CONSTITUTIONAL CASE NO. 0011/2022

HELD AT MASERU     

                                        

In the matter between

 

TAU MAKHALEMELE                                                 APPLICANT

 

AND

 

BOARD OF ENQUIRY OF NATIONAL

Mapesela V Speaker of The National Assembly (Cons. No. 07/2021) [2022] LSHC 102 (04 February 2022);

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Constitutional Law – motion of no confidence in the Government coupled with motion to vote by secret ballot - procedure for voting on the motions – whether the Speaker has discretionary power to depart from the procedure to vote by voice and to direct voting in secret – whether alleged intimidation and bribery of Members of Parliament by the Prime Minister constitute good reasons to vote by secret ballot - Constitution, sections 2, 20 (1), 75 (1), 81 (1), 85 (5)(a) and (8) and 119 (1); Parliamentary Powers and Privileges Act, 1994, sections 19g and 20;  Standing Orders Nos. 34, 45 (1), 46, 47, 48, 97(6) and 111.

 

REPORTABLE

 

 

 

 

IN THE HIGH COURT OF LESOTHO

 

Held at Maseru

CONSTITUTIONAL CASE NO.07/2021

 

In the matter between:

 

TEFO MAPESELA                                                               1ST APPLICANT

KOSE MAKOA                                                                    2ND APPLICANT

                                        

 And

 

Democratic Congress V Independent Electoral Commission (Cons. No. 10/2022) [2022] LSHC 101 (08 August 2022);

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Constitutional law – delimitation of constituency boundaries – review of constituency boundaries – whether the review made within the prescribed period – whether elections should be held when constituency boundaries have not been reviewed and altered according to the provisions of the Constitution – Constitution, ss.67 and 84; National Assembly Electoral Act No.14 of 2011, sections 142 and 153; Interpretation Act No. 19 of 1977.

 

REPORTABLE

 

 

 

IN THE HIGH COURT OF LESOTHO

 

 

Held at Maseru

CONSTITUTIONAL CASE NO. 10/2022

 

In the matter between:

 

DEMOCRATIC CONGRESS                                             1ST APPLICANT

 

SELIBE MOCHOBOROANE                                            2ND APPLICANT

                              

 And

 

Boloetse V His Majesty King Letsie III (Cons. No. 0013/0015/2022) [2022] LSHC 100 (12 September 2022);

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Constitutional law – declaration of state of emergency and recall of dissolved Parliament to deal with it – whether citizens have locus standi to litigate on basis of rule of law review – whether failure by Parliament to pass bills before it is dissolved constitutes a public emergency – whether Parliament can be recalled to pass bills it failed to pass before its dissolution – Constitution sections 23, 70 and 84 (2); Interpretation (Amendment) Act, 1993 section 27A; Parliamentary Powers and Privileges Act, 1994 section 24; National Assembly Standing Order No.106; Senate Standing Order No.95

 

REPORTABLE

 

 

 

 

IN THE HIGH COURT OF LESOTHO

 

Held at Maseru

CONSTITUTIONAL CASES NOS. 0013 and 0015/2022

 

In the matter between:

 

KANANELO BOLOETSE                                    APPLICANT (in No.0013)

 

LINTLE TUKE                                                    APPLICANT (in No.0015)

 

And

 

Makoa V Alliance of Democrats (CIV/APN/0238/2022) [2022] LSHC 98 (30 August 2022);

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Constitutional Law – Application for an order to declare as unlawful, null and void and of no force and effect the decision of the National Executive Committee (NEC) of Alliance of Democrats (AD) party to hold a constituency elective conference for fresh election of a nominee between the Applicant and 4th Respondent in Mt Moorosi No.67 Constituency to represent the AD in the forthcoming 2022 national elections – Held: Applicant’s nomination effected under the old Mt Moorosi Contituency before the enactment of the Delimitation Order April 2022 no longer enforceable – Mt Moorosi No.67 Constituency being a new constituency following demarcation of new boundaries which has combined the old Mt Moorosi constituency and parts of the abolished Sebapala No.66 Constituecny – Respondents’ decision to hold constituency election for the Mt Moorosi No. 67 Constituency afresh justifiable given the circumstances of the case and is in line with principle of democracy; fairness and natural justice - Application dismissed.

IN THE HIGH COURT OF LESOTHO

 

HELD AT MASERU                                                    CIV/APN/0238/2022

In the matter between:

 

KOSE MAKOA                                                            APPLICANT

 

AND

 

ALLICANCE OF DEMOCRATS                                1ST RESPONDENT

NATIONAL EXECUTIVE COMMITTEE OF

ALLIANCE OF DEMOCRATS                                   2ND RESPONDENT

Commissioner of Police (Holomo Molibeli) V Vodacom Lesotho (PTY) Ltd (CCA.No 0012/2022) [2022] LSHCONST 39 (13 July 2022);

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Application for referral of a dispute of fact to be determined by viva voce evidence – procedure for such a referral – interlocutory application joining a new party – rules of Court to be followed.

 

 

 

 

 

 

IN THE HIGH COURT OF LESOTHO

(Commercial Court Division)

 

 

HELD AT MASERU                                                                 

                                                      CCA/ NO. 0012/22

In the matter between

 

COMMISSIONER OF POLICE

 (HOLOMO MOLIBELI)                                                APPLICANT

 

And

 

Lephoto v The Directorate of Corruption and Economic Offences (Const. No. 11/2017) [2022]LSHC 09 (17 March 2022);

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                                                       SUMMARY

CONSTITUTIONAL LAW: Application to have section 98(4) of the Money Laundering and Proceeds of Crime Act no.40 of 2008 declared unconstitutional for violating section 12 of the Constitution, in that it permits the concurrent running of criminal and civil proceedings in respect of the same property seized in terms of it- she had argued that, given this scenario, it forces her to disclose her defence in civil proceedings thereby  forcing her to waive her right to self-incrimination with the consequence that her pending criminal trial is prejudiced- Held, this section does not force an applicant faced with forfeiture application to incriminate herself, what it rather does is to leave her with the choice between leaving forfeiture application go unchallenged and substantively responding to it, held that for this reason, this section is constitutional.

-The applicant had further sought to have a three-year delay to charge her with criminal offences following her suspension from work, violated her right to be tried within a reasonable time in terms of section 12 of the Constitution, Held, pre-charge delay in preferring charges not protected by the right to speedy trial a provided under section 12 of the Constitution, the reckoning of time within which a person must be tried starts after charges have been read  not before.

             

 

 

 

IN THE HIGH COURT OF LESOTHO

 

HELD AT MASERU                       Constitutional Case No. 11/2017

 

In the matter between:

 

`MAHELENA LEPHOTO                                           APPLICANT

 

AND

 

THE DIRECTORATE ON CORRUPTION

AND ECONOMIC OFFENCES                         1ST RESPONDENT

THE MINISTER OF LAW AND

'Mei V Mr Justice Thamsanqa Nomngcongo NO (Const/06/2018) [2021]LSHC 50 (21 October 2021);

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Constitutional rights - right to fair trial and right to equal protection of the law - applicant convicted and sentenced by Magistrate Court - challenged both conviction and sentence on review - failure by a Judge to render a reserved judgement until sentence served in full - its effect on fair trial rights and protection of the law - Judicial immunity  - whether the omission gives rise to a claim for damages under section 22 of the Constitution.

 

 

 

IN THE HIGH COURT OF LESOTHO

                                (Constitutional Jurisdiction)

 

HELD AT MASERU              CONSTITUTIONAL CASE NO.06 OF 2018            

In the matter between

 

LEBOHANG ‘MEI                                                APPLICANT

 

AND

 

MR. JUSTICE THAMSANQA NOMNGCONGO NO    1st RESPONDENT

HONOURABLE CHIEF JUSTICE OF LESOTHO        2nd RESPONDENT

Lekunya V Ministry of Foreign Affairs & International Relations (Const/003/2020) [2021]LSHC 49 (19 October 2021);

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Diplomats based in South Africa - differently salaried from diplomats in other missions-challenge on the differentiation on constitutional grounds - whether approach appropriate where a complaint may adequately be addressed under Administrative Law

Exercise of jurisdiction of the High Court under Section 22 of the Constitution - principles guiding the excise of discretion under this provision restated - Court declines jurisdiction.

 

 

 

 

IN THE HIGH COURT OF LESOTHO

 

HELD AT MASERU                                      CONST.NO.003/2020

 

In the matter between

 

JANE LEKUNYA                                                  1ST APPLICANT

SEKOBOTO MOLISE                                           2ND APPLICANT

SERA MPHAFI                                                   3RD APPLICANT

Hlalele v His Honourable the Prime Minister Dr. M. Majoro (C of A (CRI) 8/2021) [2021] LSCA 8 (14 May 2021);

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Constitutional law – appointment of a principal secretary contrary to section 139(1) of the Constitution – whether such appointment valid. Whether appellant was appointed by the new Prime Minister.

Held: there was no valid appointment and appeal dismissed with costs.

 

IN THE COURT OF APPEAL OF LESOTHO

 

C OF A (CIV) NO.09/2021

CIV/APN/272/21

In the matter between: -

 

MOTHABATHE HLALELE                                           1ST APPELLANT

AND

THE HONOURABLE PRIME MINISTER

OF LESOTHO   DR MOEKETSI MAJORO                    1STRESPONDENT

RETSÉLISITSOE MOHALE                                           2ND RESPONDENT

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