THE former Chief Executive Officer of the Lesotho Communications Authority, (LCA) Advocate 'Mamarame Matela who is being sued by her former employer for refusing to return the company’s property she still has in her possession will still be tried in the High Court.
Nov. 14, 2022
2 min read
Ex LCA boss to be tried by High Court
Former LCA boss, Adv 'Mamarame Matela
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This, after the Appeal Court on Friday, turned down her application to be tried in the Labour Court, arguing that the High Court had no jurisdiction to hear her case.
But President of the Appeal Court, Justice Kananelo Mosito, along with Justices Moses Chinghengo and November Mtshiya ordered that the matter be remitted to the High Court to be heard there.
Matela had earlier asked the High Court judge presiding over the trial to recuse himself, arguing that he might be biased in dealing with the case given the type of personal relationship she had with him.
She had argued that owing to the relationship her family and the judge’s have, he might not be partial in trying her.
She further stated that during her time at the LCA, the authority had fined Vodacom Lesotho (VCL) a sum of M8.5 million for non-compliance, adding that at the time, the judge’s wife was VCL’s legal advisor.
She had shown that companies’ legal advisors are among others mandated to ensure that their companies do not incur unnecessary costs.
She was concerned that the judge’s wife might have discussed the trial with her husband, adding that would give the judge an unnecessary insight into the matter.
But LCA’s lawyer, Attorney Qalehang Letsika argued that Matela had no evidence supporting her allegations.
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He had therefore asked that the application for recusal be dismissed with costs.
The respondents had contended that the judge would not abuse the power of office as he had taken an oath to uphold the Constitution and other laws of Lesotho.
The LCA is in the main application asking the High Court to issue an order directing Matela to return LCA’s properties which remained in her possession even after her dismissal. - LeNA