Rasekila v Telecom Lesotho (Pty) Ltd and Others (LAC/A 1 of 2013) [2015] LSLAC 4 (8 September 2015)

1 LAC/A/01/2013 IN THE LABOUR APPEAL COURT OF LESOTHO In the matter between THAMAHANE RASEKILA APPELLANT And TELECOM LESOTHO (PTY) LTD PRESIDENT OF THE LABOUR COURT DDPR (ARBITRATOR KETA) 1ST RESPONDENT 2ND RESPONDENT 3RD RESPONDENT JUDGMENT CORAM ASSESSORS : : The Hon. Acting Justice KL Moahloli Mr R. Mothepu Mr S. Kao Date of heard : 8 September 2015 Date of delivered : 8 September 2015 Moahloli AJ (the assessors concurring) [1] When this matter came up for hearing, it emerged from the court’s interaction with the Appellant and 1st Respondent’s counsel that:- (a) There is no record of the proceedings of the court a quo in LC/REV/106/2010 because there was never any formal hearing of the review application by the late President of the Labour Court Mr L. A. Lethobane. (b) Instead on the day in question the President discussed the matter out of court with the parties and they came to some agreement. (c) Consequently the order of court drafted and signed by the registrar on 27/09/2011 was not consequent of a proper hearing of the matter, and is therefore void ab initio. [2] In the premises, it is ordered that:- 1. The appeal partly succeeds. 2. The “order” of the Labour Court (LC/REV/106/2010) dated 27/09/2011 is set aside, and the matter remitted to the Labour Court to be heard afresh. 3. The Labour Court is directed to give the matter priority on its roll. 4. There is no costs order. _____________________________ KL MOAHLOLI, AJ JUDGE OF THE LABOUR APPEAL COURT For Appellant : In person For Respondent : Adv. Ratau