Lesotho

Basic information Substance of the ruling  Accessibility of the case and further relevant links
Date Name of the case (or case number)   The body delivering the decision  Keywords, topic Executive part Brief summary Full text Page at the website of the issuing court Page in other databases Unofficial materials, press communications 
October 15. 2020 CIV/APN/167/2020 High Court of Lesotho Right to a fair trial; right to work The High Court of Lesotho held that the suspension of a police officer allegedly not enforcing properly public health restrictions should be unconstitutional unless a fair hearing was provided for the person concerned before his suspension. A police officer was suspended from his position during the public health emergency because he allegedly did not enforce effectively the public health restrictions including the prohibition on saling alcohol and closing bars during this period. The police officer turned to the High Court and challenged the lack of a fair hearing which was upheld by the High Court. The High Court held that such suspensions shall be deemed as unconstitutional unless fair hearings were provided for the persons concerned.     https://www.covid19litigation.org/case-index/lesotho-high-court-lesotho-civapn1672020-2020-10-15  
June 26. 2020. CIV/APN/141/2020 High Court of Lesotho State of emergency; public finances The High Court of Lesotho held that an individual could not request the judicial review of governmental financial policies, this matters belongs exclusively to the parliamentary oversight. A chief of a village close to Maseru turned to the High Court and argued that the emergency funding framework implemented by the executive has not been approved by the Parliament as required by the Constitution. The High Court held that an individual does not have the right to challenge governmental financial policies even if the claim is well-founded, review of public finances is a matter belonging exclusively to parliamentary oversight. Therefore, the claim was rejected because the claimant lacked standing in the case. https://media.lesotholii.org/files/judgments/lshc/2020/35/2020-lshc-35.pdf   https://www.covid19litigation.org/case-index/lesotho-high-court-lesotho-civapn1412020-2020-06-26  
April 17. 2020. Constitutional Case No. 0006/2020 High Court of Lesotho Covid and Parliament; freedom of assembly The High Court of Lesotho upheld the validity of Parliament's prorogation and also the restrictions imposed on freedom of assembly during the public health emergency. Moreover, the High Court stated that it does not have any competence to dismiss the prime minister. The claimant requested from the High Court of Lesotho the annullation of Parliament's tprorogation during the public health emergency and the restrictions imposed on gatherings, and also asked the dismissal of the prime minister. The claimant argued that the prime minister should report to the Parliament itself its recommended prorogation before submitting this proposal to the king. The High Court held that any consultation or prior reporting constitutes a matter of political discretion rather than a law, moreover, the prorogation amounted to a very short timeframe, therefore, it did not affect significantly the proper representation of the people during an extraordinary period. The High Court also rejected the claim concerning freedom of gathering, moreover, confirmed the lack of its competence to dismiss the prime minister. https://media.lesotholii.org/files/judgments/lshc/2020/1/2020-lshc-1.pdf   https://www.covid19litigation.org/case-index/lesotho-high-court-lesotho-constitutional-case-no-00062020-2020-04-17