Hlajoane v Letsika (C of A (CIV) 66 of 2018) [2018] LSCA 23 (7 December 2018)

IN THE COURT OF APPEAL OF LESOTHO HELD AT MASERU C OF A (CIV) No.66/2018 CONS CASE NO.09/2018 In the matter between:- JUSTICE ‘MASESHOPHE HLAJOANE 1ST APPELLANT THE PRIME MINISTER 2ND APPELLANT THE MINISTER OF LAW, HUMAN RIGHTS CONSTITUTIONAL AFFAIRS 3RD APPELLANT THE MINISTER OF JUSTICE & CORRECTIONAL SERVICES THE ATTORNEY GENERAL 4TH APPELLANT 5TH APPELLANT And QHALEHANG LETSIKA KARABO MOHAU ZWELAKHE MDA 1ST RESPONDENT 2ND RESPONDENT 3RD RESPONDENT CORAM: DR MUSONDA AJA CHINHENGO AJA MTSHIYA AJA PEETE AJA MOKHESI AJA HEARD: 7 December 2018 DELIVERED: 7 December 2018 ORDER: 1. 2. The Appeal succeeds with no order as to costs of the appeal. The decision of the court a quo is set aside and replaced with the following. “The application is dismissed with no order as to costs”. -------------------- DR MUSONDA AJA ACTING JUDGE OF APPEAL ------------------- CHINHENGO AJA ACTING JUDGE OF APPEAL ------------------ MTSHIYA AJA ACTING JUDGE OF APPEAL ----------------- PEETE AJA ACTING JUDGE OF APPEAL I agree I agree I agree: I agree: -------------- MOKHESI AJA ACTING JUDGE OF APPEAL For Appellants: Mr Rasekoai, Mr Ndebele, Adv. Lephuthing For Respondents: No Appearance for Respondents