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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The inherent jurisdiction of the superior courts and urgent applications
Author:Letsika, Qhalehang
Periodical:Lesotho Law Journal: A Journal of Law and Development
Geographic term:Lesotho
supreme courts
courts of appeal
Abstract:In the recent case of The Commander LDF & Anor v Matela, the Lesotho Court of Appeal ruled that it does not suffice for counsel, in urgent applications, to merely certify that the matter is urgent. The court held that the reasons for the alleged urgency must be shortly stated. The present author argues that the court's approach is not supported by the legislation defining the powers of the High Court, on the one hand, and that of the Court of Appeal, on the other. While a superior court has an inherent jurisdiction to exercise its jurisdiction to protect its character as a court of law administering justice impartially, the legislature has considerably and in express terms curtailed this jurisdiction in the context of the Court of Appeal. The various statutes give the Chief Justice exclusive powers to make rules for legal practice and procedures to be followed in the High Court and the lower courts. In light of the provisions of these pieces of legislation, it is questionable whether the Court of Appeal can prescribe the practice directions for matters that are litigated in the High Court. Notes, ref. [ASC Leiden abstract]