Qathatsi v The Commissioner General LRA (C of A (CIV) 6 of 2021) [2021] LSCA 5 (14 May 2021)

IN THE COURT OF APPEAL OF LESOTHO HELD AT MASERU C OF A (CIV) NO. 06/2021 CCA/A/0001/2017 RAT/01/2016/17 C OF A (CIV) NO. 57/2015 In the matter between - THABANG QATHATSI APPELLANT AND THE COMMISSIONER GENERAL, LRA 1ST RESPONDENT THE LESOTHO REVENUE AUTHORITY 2ND RESPONDENT THE REGISTRAR OF THE HIGH COURT, COMMERCIAL DIVISION 3RD RESPONDENT CORAM: DR K E MOSITO P P T DAMASEB AJA DR J VAN DER WESTHUIZEN AJA HEARD: 23 APRIL 2021 DELIVERED: 14 MAY 2021 SUMMARY Appellant representing himself; appeal struck off the roll because of failure to file certificate of leave to appeal; no costs order. VAN DER WESTHUIZEN AJA RULING [1] This appeal has a long history. What is relevant here though, is that on Friday 16 April 2021, before this Court, the legal representative of Mr Thabang Quathatsi, the appellant, withdrew. The appellant elected to represent himself. The matter was postponed, inter alia because of the late filing of parts of the record. [2] On Friday 23 April 2021, before this court, counsel for the respondent pointed out that the required certificate from the High Court, granting leave to appeal, had not been obtained and filed. He asked for the matter to be struck off the roll of this Court. After some explanation, the appellant accepted that this was the situation and that the appeal could not proceed. He undertook to work on obtaining the required certificate without delay. The appeal had to be struck off. [3] The issue of costs before this Court was debated and the decision of this Court reserved. Given the fact that the Appellant himself was not responsible for the failure to submit the certificate and the delay in the filing of the record, it would not be fair to mulct him in costs. There is also no reason to order costs against the respondent. Order [4] The following is thus ordered: (a) The appeal is struck off the roll. (b) There is no order as to costs. _______________________________ DR J VAN DER WESTHUIZEN ACTING JUSTICE OF APPEAL __________________________ DR K E MOSITO PRESIDENT OF THE COURT OF APPEAL I agree I agree ___________________________________ PT DAMASEB ACTING JUSTICE OF APPEAL FOR APPELLANT: ADV. N HLALELE (Later Appellant in person) FOR RESPONDENT: ADV. R A NTEMA 4