…petitions Court of Appeal to review 2022 judgment rejecting his plea
Hopolang Mokhopi
THE Senior Judicial Commissioner, Rabuka Chalatse, has petitioned the Court of Appeal to review its 2022 judgment that dismissed his bid to be upgraded to a higher salary grade.
Mr Chalatse is challenging the judiciary’s salary structure, arguing that it unlawfully excludes him from the grade to which he is entitled.
He contends in his court papers that he should be moved from Grade J to Grade K in line with the Judiciary’s revised remuneration framework, which the Ministry of Public Service directed to be implemented in February 2017.
A Senior Judicial Commissioner holds a key leadership role within Lesotho’s Judicial Commissioner’s Court, which serves as the final appellate body for Local and Central Courts. Based in Maseru, the office oversees judicial proceedings, supervises staff and manages administrative functions to ensure the efficient delivery of justice.
Mr Chalatse argues that although he was appointed on Grade J in April 2018, he ought to have been placed on Grade K under the revised structure.
He further contends that, despite the respondents being fully aware of this entitlement, they have continued to remunerate him at Grade J — a decision he describes as prejudicial and a violation of his constitutional right to fair treatment and equal protection of the law. He characterises the situation as a gross miscarriage of justice.
The Minister of Public Service, Stephen Mputi; Principal Secretary in the same ministry, ‘Makhoabane Ledimo; Registrar of the High Court, Advocate ‘Mathato Sekoai; Principal Secretary in the Ministry of Finance and Development Planning, Nthoateng Lebona; and Attorney General Rapelang Motsieloa KC are cited as first to fifth respondents respectively.
Mr Chalatse wants the Court of Appeal to review, correct and set aside its order issued on 14 October 2022, under case number C of A 48/2022.
He argues that the Court of Appeal was misled into believing that the revised structure had not yet been implemented when it ruled that he should remain on Grade J.
He points out that then High Court judge, now retired Justice Semapo Peete, had on 15 June 2018 ordered the implementation of the structure. He further states that Adv Sekoai deposed to an affidavit in 2021 confirming that the structure had long been implemented.
According to Mr Chalatse, the Ministry of Public Service had directed the Registrar to implement the approved structure without deviation, noting that processes such as the creation of new positions, re-designations and upgrades had already been completed during the restructuring exercise.
While some positions were conditionally approved pending legislative amendments, others — including his — were fully approved, he claims.
For example, proposed positions of Regional Magistrates were not created as similar functions are already performed by Chief Magistrates under the existing structure.
Mr Chalatse maintains that the grading anomaly must be corrected and that he should be placed on Grade K.
He states that in 2021 he approached the High Court seeking an order directing the Ministry of Public Service and Adv Sekoai to upgrade his salary from Grade J to Grade K with effect from April 2018, and to compel Ms Lebona to pay salary arrears retrospectively.
The High Court granted the application. However, the respondents successfully appealed the decision, with the Court of Appeal ruling in their favour after being told that the structure had not yet been implemented.
Mr Chalatse now argues that the appellate court was not made aware of Adv Sekoai’s affidavit confirming implementation of the structure. He says the said affidavit, he has now attached to his application, was made by Adv Sekoai in a 2021 case where other judicial officers had successfully approached the High Court to enforce the same structure.
In her affidavit, Advocate Sekoai stated: “I note the averments therein save to state that the approved structure was implemented…” and further affirmed that it had been implemented as revised.
Mr Chalatse argues that this demonstrates the structure was implemented, but to the exclusion of himself and the Judicial Commissioner’s Court in 2018.
“The fact of the matter is that the structure had been implemented to the exclusion of the petitioner and that of the Judicial Commissioners at the Judicial Commissioner’s Court,” he states in his papers.
He adds that he intends to submit establishment lists from the Ministry of Public Service, both before and after the restructuring, to demonstrate that statutory positions were upgraded in line with the revised structure.
He cites, among others, the positions of Master of the High Court and Deputy Master of the High Court, which were upgraded from Grade J to K and from Grade I to J respectively, while his position remained unchanged despite also being statutory.
Mr Chalatse is therefore asking the Court of Appeal to rescind its earlier judgment, arguing that it was based on incorrect information provided by his employers.
In addition to being upgraded to Grade K, he is also seeking payment of salary arrears dating back to his April 2018 appointment.