Challenge to unfair dismissal as a result of pregnancy in the Lesotho Defence Force

> Sexual and Reproductive Health Rights > Lesotho,East and Southern Africa
Salc : Staff Writer

SALC provided support to Advocate Monaheng Rasokoai and FIDA-Lesotho in the case of Mokhele and Others v Commander, Lesotho Defence Force and Others.

The applicants were 3 female soldiers who were discharged from the Lesotho Defence Forces on the grounds of pregnancy. The applicants were accused of disobeying a Standing Order issued by the then Commander of the Lesotho Defence Forces,Commander Kamoli, which prohibited soldiers from becoming pregnant during the first 5 years of service.

The applicants applied for review of their dismissal and the lawfulness of the Standing Order at the High Court of Lesotho. The matter was heard on the 11th December 2017 before a panel of 3 judges consisting of Justices Monapathi,Peete and Sakoane.

The Court handed down judgment in the case on the 14th February 2018, declaring that both the decision to discharge the applicants and the Standing Order were unlawful and ordered that the applicants be reinstated to their positions and ranks in the LDF without any loss of benefits.

The judgment is available online at https://lesotholii.org/ls/judgment/high-court/2018/2 

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