Mohalenyane Phakela
THE High Court has dismissed the Lesotho Association of Teachers (LAT) chairperson, Letsatsi Ntsibolane’s application to continue receiving his salary until the finalisation of his main application against his dismissal from the teaching service.
Mr Ntsibolane was fired on 30 January 2019 for allegedly neglecting his teaching duties last November during which time the Teaching Service Commission (TSC) says he incited teachers to go on an illegal strike. He subsequently filed an application on 8 February challenging his dismissal.
The TSC, the Ministry of Education and Training, the Principal Secretary in the Ministry of Education and Training, Lithabaneng High School, the School Board of Lithabaneng High School and the Attorney-General are the first to sixth respondents respectively.
In terms of the interim relief, Mr Ntsibolane asked the court to order the government to reverse its decision to stop paying his salary. He wanted the government to continue paying his wages until the main application against his dismissal is finalised.
Mr Ntsibolane’s lawyer, Attorney Khotso Nthontho, implored High Court judge, Justice Keketso Moahloli, to order the government to pay his client’s salary, saying Mr Ntsibolane was the breadwinner in his family.
“I have been instructed by my client to apply for a stay of his dismissal so that he may continue earning his salary as a temporary relief while the court is deliberating the matter of his dismissal,” Attorney Nthontho told the court.
“My client stands to suffer prejudice if the dismissal is not stayed because he is the sole breadwinner. Cutting his salary means that he will not be able to pay school fees for his two children. His insurance policies will also lapse because he will fail to pay the monthly premiums. The government stands to lose nothing whereas my client will be prejudiced.”
But on Monday, Justice Moahloli dismissed Mr Ntsibolane’s application to continue receiving his salary on grounds that the latter failed to address all the requirements for him to be granted interim relief.
“Mr Nthontho elected to argue only one point of the requisites for the grant of urgent interim relief, namely the issue of prejudice and as a result his submissions fell far short of the test set by the Court of Appeal,” Justice Moahloli said.
“He (Attorney Nthontho) for instance, offered no explanation why the applicant did not exhaust internal remedies before approaching this court and why the fact that the court had already decided to hear applicant’s case on an urgent basis did not constitute a satisfactory alternative remedy which could ensure that the applicant would achieve substantial redress in due course.
“The mere loss of income and benefits does not amount to special circumstances justifying interim relief nor does it establish urgency. In order to succeed when the application is based on financial hardships, exceptional circumstances must be shown before urgent interim relief can be granted.
“The rationale for this approach in dismissal cases is simply that every dismissed person invariably suffers patrimonial loss. A court will not easily assume that patrimonial loss itself is enough to establish an apprehension of irreparable harm.
“As a result of the failure of the applicant to address and satisfy all the requirements for the grant of interim relief, this court has no discretion to grant him such relief.”
As soon as Justice Moahloli finished reading his judgement, Mr Ntsibolane raised his fist into the air and shouted, “amandla” (translated to mean ‘power’)- a slogan which teachers have adopted in the course of their ongoing strike to press the government for salary increments and improved working conditions.
However, there was a subdued response to Mr Ntsibolane’s slogan from fellow teachers who had packed the courtroom in anticipation of a positive outcome to his court application. Some of the teachers could heard expressing their disappointment that the application had been unsuccessful as they made their way out of the courtroom.
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