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Legal Intelligence · Lesotho

Lesotho legal & regulatory news

Briefly tracks court rulings, legislation, gazette notices, and regulatory developments across Lesotho — curated daily from Lesotho's courts, regulators, and leading legal publications. 15 updates tracked in the past 30 days, last updated 5 Aug.

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Regulatory News
press_release

Council on Higher Education: Revised Higher Education Policy Documents Released

Council on Higher Education Lesotho · 5 Aug

press_release

Revenue Services Lesotho: New Whistle Blowing Policy Protects Employees

Revenue Services Lesotho (RSL, formerly Lesotho Revenue Authority) · 5 Aug

Legal News
Briefly
Case Law
Lesotho
Case Law

Downard v Hudaco Trading Judgment ZALCJHB Labour Court Implications

The Labour Court has ruled in favour of Downard and Others v Hudaco Trading (Pty) Ltd, with the court exercising its concurrent jurisdiction as the High Court to adjudicate on matters related to employment disputes. This ruling is significant for practitioners as it highlights the importance of applying the Plascon-Evans rule 7 in resolving disputes. The Labour Court's decision demonstrates that this rule remains a crucial tool for courts in determining the appropriate forum for hearing employment-related claims. As such, attorneys and businesses should be aware of the implications of this ruling on their future cases. The relevant statutes and regulations involved in this matter include the Labour Relations Act 66 of 1995 and the Basic Conditions of Employment Act 75 of 1997. The court hierarchy in South Africa is structured with the High Court having appellate jurisdiction over the Labour Court, which has concurrent jurisdiction to hear matters related to employment disputes. The key parties involved in this matter are Downard and Others, who were the applicants, and Hudaco Trading (Pty) Ltd, which was the respondent. The court's decision will have implications for employers and employees alike, as it sets a precedent for the application of the Plascon-Evans rule 7 in employment disputes. Practitioners should take note that this ruling underscores the importance of carefully considering the appropriate forum for hearing employment-related claims. Attorneys representing clients in similar cases should be aware of the potential implications of applying the Plascon-Evans rule 7 and ensure that their clients are adequately prepared to navigate the court process.

30 Jul
Lesotho
Legal News

Lesotho Citizens Lose Millions to SGK Pyramid Scheme

Lesotho Citizens Lose Millions to SGK Pyramid Scheme In Lesotho, a popular mobile app called SGK promised its users guaranteed returns for watching videos. However, the scheme has come under scrutiny after it stopped paying out, leaving thousands of citizens with significant financial losses. The legal significance of this development lies in the fact that pyramid schemes are illegal in Lesotho and other jurisdictions. The country's laws prohibit business practices that involve recruiting members with promises of high returns, which is essentially what SGK did. This raises questions about how such schemes can operate with impunity for so long. The relevant statutes involved in this case include the Companies Act 1982 and the Consumer Protection Act 2008. These laws aim to protect consumers from unfair business practices and ensure that companies operate transparently. The courts of Lesotho, particularly the High Court, have a history of upholding consumer rights and holding businesses accountable for their actions. The key parties involved in this case are the victims of the pyramid scheme, who are seeking compensation for their losses. The authorities, including the police and regulatory bodies, are also likely to be involved in investigating and prosecuting those responsible for the scheme. Practitioners should monitor this development closely as it highlights the need for vigilance against such schemes and the importance of protecting consumer rights.

24 Jul
Briefly
Case Law
Lesotho
Case Law

Nozihle Construction and Projects CC v Special Investigating Unit ZAST: Tribunal Rule Compliance Ruling

The South African High Court has granted an application by the Special Investigating Unit (SIU) to freeze assets of Nozihle Construction and Projects CC in a matter related to alleged corruption. This development is significant for practitioners as it highlights the ongoing efforts of the SIU to combat corruption and recover assets allegedly misappropriated through corrupt activities. The SIU's application was made under Rule 27(3) of the Tribunal, but relied on Rule 12 of the High Court, indicating a nuanced approach to asset forfeiture in South Africa. The legal context of this matter is governed by the Prevention of Organised Crime Act (POCA), which provides for the SIU's powers to investigate and recover assets allegedly obtained through corrupt activities. The POCA also establishes the Tribunal as a specialized forum for hearing matters related to asset forfeiture. Key parties involved in this matter include the SIU, Nozihle Construction and Projects CC, and the High Court of South Africa. Practitioners should monitor this development closely, particularly those dealing with asset forfeiture and recovery under POCA. Practitioner takeaway: Attorneys handling cases involving alleged corruption and asset forfeiture should be aware of the evolving legal landscape in South Africa, including the SIU's powers and the Tribunal's role in hearing such matters. They should also consider the implications of Rule 12 of the High Court on asset forfeiture proceedings.

24 Jul
Lesotho
Case Law

Lesotho snake park owner fights 30-year witchcraft accusations battle

Nkhooa Molahlehi, a Lesotho resident, has been operating a snake conservation park under a sandstone cliff in Qacha's Nek for over 30 years, despite facing witchcraft accusations and government dithering. The legal significance of this matter lies in the fact that Molahlehi's efforts to establish a legitimate business have been hindered by unfounded accusations of witchcraft, which are often used as a pretext to harass and intimidate individuals in Lesotho. This highlights the need for stronger protections against such accusations and the importance of supporting entrepreneurs who contribute to the country's economic development. The legal context is that Lesotho has laws in place to protect businesses and individuals from harassment and intimidation, including the Prevention of Terrorism Act 2017 and the Protection Against Harassment Act 2011. However, these laws are not always effectively enforced, leaving vulnerable individuals like Molahlehi at risk. The key parties involved include Nkhooa Molahlehi, who has been fighting to establish his business despite the challenges he faces, as well as the Lesotho government, which has a responsibility to protect its citizens and support economic development. Practitioners should monitor this case closely, as it highlights the need for stronger protections against harassment and intimidation in Lesotho.

20 Jul

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General PracticeLitigation & Dispute ResolutionEducationTrade & LogisticsEnergy & UtilitiesPublic Sector

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