Date of Judgment : 10 December, 2013 Summary Applicants seeking for declaratory orders and interdicts against the Respondents Basis being a charge that the 1st Respondent has without – affording them a prior hearing terminated their membership to the council created under the National Youth Council Act No 87 of 2008 Court finding – that the letter addressed to them by the 1st Respondent could be interpreted to terminate their membership and that he lacked the authority to have done that His acts declared null and void The Court established that the – – membership of the applicants had notwithstanding the acts of the 1st Respondent, been terminated by operation of Sec. 5 (i) (g) of the Act read in conjunction with Sec. 6 (i) Fair hearing determined as being irrelevant- In – conclusion, the Court refusing to recognize the applicants as the continuing members of the Council. Each party to bear its own costs. CITED CASES Thabo Fuma vs The Commander LDF & 2 Ors Lerotholi CONST.C./8/2011, Polytechnic v Tšenyehelo Ramotsabe & 17Ors CIV/APN/412/2013 Commander Lesotho Defence Force & Ors vs Phakiso Paul Mokoena C.ofA.(CIV) 12/2002 Lesotho Electricity Corporation v Moshoeshoe LAC 1995 1999 – Russel v Duke of Norford [1949] STATUTES National Youth Council Act No. 87 of 2008 Electricity Act No.7 of 1969 MAKARA A.J Introduction The proceedings were brought before this Court by the two [1] Applicant’s through a notice of motion in which they in the main sought for its intervention through the issuance of a Rule Nisi Order calling upon the Respondents to show cause (if any) why:
Date of Judgment : 10 December, 2013 Summary Applicants seeking for declaratory orders and interdicts against the Respondents – Basis being a charge that the 1st Respondent has without affording them a prior hearing terminated their membership to the council created under the National Youth Council Act No 87 of 2008 – Court finding that the letter addressed to them by the 1st Respondent could be interpreted to terminate their membership and that he lacked the authority to have done that – His acts declared null and void – The Court established that the membership of the applicants had notwithstanding the acts of the 1st Respondent, been terminated by operation of Sec. 5 (i) (g) of the Act read in conjunction with Sec. 6 (i) – Fair hearing determined as being irrelevant- In conclusion, the Court refusing to recognize the applicants as the continuing members of the Council. Each party to bear its own costs. CITED CASES Thabo Fuma vs The Commander LDF & 2 Ors CONST.C./8/2011, Lerotholi Polytechnic v Tšenyehelo Ramotsabe & 17Ors CIV/APN/412/2013 Commander Lesotho Defence Force & Ors vs Phakiso Paul Mokoena C.ofA.(CIV) 12/2002 Lesotho Electricity Corporation v Moshoeshoe LAC 1995 – 1999 Russel v Duke of Norford [1949] STATUTES National Youth Council Act No. 87 of 2008 Electricity Act No.7 of 1969 MAKARA A.J Introduction [1] The proceedings were brought before this Court by the two Applicant’s through a notice of motion in which they in the main sought for its intervention through the issuance of a Rule Nisi Order calling upon the Respondents to show cause (if any) why: