SELECT Lesotho (Pty) Ltd seeks this opportunity to reply to an article which appeared in the Sunday Express of March 7 2010.
The article unfortunately contained information which was factually incorrect and misleading.
It is important and responsible that Select sets the record straight by bringing to its clients’ attention the correct facts that resulted in the High Court order of March 5 in the matter between Matlhong Meriam Moshebi and 1 381 Others and Select and four other respondents.
On February 12, Select was served with a court application in the above-mentioned matter which contained similar if not identical fundamental facts to those found in the ongoing matter of Manyaoene Ratlali and 51 Others and Select and three others, the judgment of which was handed down by the High Court on October 21 2009 and which is being heard on appeal on April 16.
It is possible that a number of Select’s clients may not have been adequately informed as to the strong merits of Select’s appeal and the potential legal risks and costs that they may incur as a consequence of their actions.
In view of this, Select deemed it appropriate to broker an interim solution on the latest court application pending finalisation of the appeal. This process was initiated by Select.
Once the appeal is heard on April 16 and judgment handed down, all parties will clearly understand their legal position.
Select has a high regard for and respects the judicial process in Lesotho which has driven its course of action as set out herein.
To assist our clients and prevent them from making potentially incorrect and costly legal decisions, Select offered without prejudice to its rights (which it will take to the highest legal authorities) to postpone the court application to May 10, and to suspend the salary deductions in respect of applicants to the court application sorely for the months of March and April.
This suspension allows time for the Court of Appeal to deliver its judgment on April 16 which will offer clarity to all the civil servants on their contractual obligations with respect to loan agreements concluded with Select.
Select’s offer described above was accepted by the applicants’ attorneys and made an order of court.
The clients in question should, however, understand that this is merely a suspension of deductions and not a cancellation of their contractual obligations.
Select’s contracts remain binding and such suspended deductions will be recovered over the remaining term or as provided for in the contracts.
All clients of Select are advised to exercise caution in this matter and seek appropriate legal advice on the risks they may be taking in advance of the appeal hearing and the outcome thereof.
Select reserves its rights to take appropriate legal action or to seek available legal remedies on false claims or reports that may bring its good name into disrepute, including an action for damages that it may suffer as a consequence thereof.