Over 150 home affairs ex-workers whom their contract was expired were expecting to be rehired by the minister.
However, things have collapsed after the court of Appeal has dismissed their bid to overturn to the work. The court refused to order the replacement of ex- employees as their contacts have ended. In this case, government has to replace them and hire fresh staff as required.
The aggrieved former employees collectively approached the High Court (sitting as the Constitutional Court) on December 1, 2020, to compel the government to renew their contracts.
They said the government’s failure to extend their contracts amounts to unfair dismissal, more so when they were not given a hearing before termination.
They argued that when government declined to renew their contracts, it violated their fundamental rights to: continued employment and incidental income, freedom from discriminatory employment practices, as well as the right to equal protection and benefit. They were engaged during the tenure of former Prime Minister Motsoahae Thabane under the National Identity and Civil Registry and Livestock Registration Marking and Information Systems (LRMIS) but were relieved of their duties when the contracts expired.
The Appeal Court refused to grant the order and instead upheld the High Court order. The judges said the lower court was correct in declining jurisdiction as it did.
“…When the matter came before the High Court, it is declined to assume jurisdiction. It did so principally on the basis that this is a labor matter and it fell to be determined by the Labour Court. The High Court having held that the matter was wrongly enrolled in the High Court, it was not proper to proceed to determine the merits. The application fell to be dismissed on account of jurisdiction,” read the judgment in part.