What You Need to Know
Advocate Motiea Teele (KC) criticized the Lesotho government for not regularizing the employment of individuals on temporary contracts, claiming it violates constitutional provisions. He represented 30 appellants who were initially employed under extendable contracts in the Office of the Prime Minister but were later not renewed. Teele argued that their work was permanent in nature and should have
Africa-Press – Lesotho. Advocate Motiea Teele (KC) says failure by the Government of Lesotho to regularise employment of some of the people employed on temporary basis is wrong as it violates provisions of the Constitution.
This he said when addressing the Court of Appeal in an appeal initiated by 30 appellants who were in 2006 employed on extendable contracts in the Office of the Prime Minister. The appellants were eventually moved to the Ministry of Social Development and their contracts were later not renewed due to digitisation of the service they were providing.
” In terms of the legislation, the work they did was of a permanent nature and had to be done by people employed on a permanent basis not contractual basis”, argued the lawyer.
He emphasised that the appellants ought to have been treated equal with all the people in the public service. He remarked that having dedicated their long service, they cannot be left to fend on their own especially after the job opportunities they have missed.
” The implementation of the Public Service Act and Public Service Regulations must be viewed in the context of the Constitution”, he added, emphasising that the state is expected to implement values reflected in the Constitution when dealing with the public service.
The case was before President of the Court of Appeal Professor Kananelo Mosito together with Chief Justice Sakoane Sakoane as well as Justices Philip Musonda, Johann van der Westehuizen and ‘Maliepollo Makhetha.
The issue of employment regularization in Lesotho has been a contentious topic, particularly regarding the treatment of temporary workers. The Public Service Act and Regulations are designed to ensure fair employment practices, yet many workers find themselves in precarious positions due to contractual employment. This case highlights the ongoing struggle for job security and equal treatment within the public service sector in Lesotho, reflecting broader issues of labor rights and constitutional adherence.
