Maseru, Oct. 23 — The Court of Appeal through a panel of five judges has on Thursday unanimously overruled an objection on composition of the court in a case between Former Director General of Land Administration Authority (LAA) ’Mataeli Makhele-Sekhantso and the Ministry of Local Government and Chieftainship.
The objection was raised in a matter seeking review of a decision of the Court of Appeal in which three judges heard the case and there was a majority as well as a minority judgment. The majority judgment stated that a judgment by the High Court was irregular therefore could not be sustained.
The judgment by the High Court came after the Former Director General of LAA challenged a decision by the Minister in which he declined to approve renewal of her contract although the board had resolved to approve it.
The court ruled that the decision of the Minister is reviewed, set aside and corrected as unreasonable, irrational, unfair, illegal and unlawful therefore null and void.
The Court of Appeal set aside the order of the High Court and dismissed the application.
When arguing the objection, Advocate Motiea Teele (KC) argued that the principle of judicial continuity is essential and should be applied in this matter in order to avoid inconsistency. He emphasised that if particular justices enter into and commence an adjudication, they are required to proceed to judgment and any other matter that arises out of it.
He said it is constitutionally appropriate for that to happen adding that it will maintain the dignity of the court.
“It is not just desirable, but it is constitutionally required that the same court that determined the appeal should determine the review as an ancillary matter to the appeal,” he submitted. . .
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