Mokoko loses contempt case against RSL board 

Mohloai Mpesi 

FIRED Revenue Services Lesotho (RSL) Commissioner-General, Advocate ‘Mathabo Mokoko, has lost her contempt of court case against the RSL Board of Directors after the Labour Appeal Court overturned an earlier ruling in her favour. 

The appeal was heard by Justice Fumane Khabo following a challenge by the RSL Board against a committal order granted by the President of the Labour Court Teboho Thoso. 

Justice Khabo upheld the appeal and set aside the contempt finding. 

The judgment, delivered on 11 June 2026 following a hearing held on 17 April 2026, stems from Adv Mokoko’s dismissal from the top RSL post last year. 

Adv Mokoko had approached the Labour Court through her lawyer, Advocate Motiea Teele KC, arguing that her dismissal was unlawful because it was carried out despite an interim interdict restraining the board from terminating her employment without following due process. 

Mr Thoso had previously found the entire RSL Board in contempt of court after concluding that it had ignored an interim order barring Adv Mokoko’s dismissal without a disciplinary hearing. 

Adv Mokoko had been dismissed over allegations of incompetence, including failure to resolve mounting tax refund claims and manage reputational risks at the institution. 

However, the board appealed the contempt ruling, effectively blocking her reinstatement. 

Board challenges court order 

Central to the appeal was the board’s argument that Labour Court President Teboho Thoso erred in finding it in contempt because the order allegedly breached had never become legally enforceable. 

The board argued that the document relied upon was merely an unsigned and unstamped draft order and therefore did not constitute a valid court order. 

According to the judgment, the board maintained that it lawfully terminated Adv Mokoko’s contract because it had not been served with a proper court order. 

“It is Appellants’ case that they lawfully terminated respondent’s contract of employment because they were never served with nor their attention drawn to a proper court order,” part of the judgment reads. 

Adv Mokoko, on the other hand, argued that the board was fully aware of the restraining order and deliberately ignored it. 

“Respondent’s case centred on the fact that when the Board took a decision to terminate her contract, they knew that she had obtained a restraint order, but decided to defy it,” the judgment stated. 

Verdict 

In her ruling, Justice Khabo noted that the board did not dispute receiving a copy of the order through WhatsApp but stressed that receipt alone did not make it legally binding. 

“The real issue in casu is whether the Board received an order in the legal sense,” she said. 

Justice Khabo explained that although the Labour Court had pronounced itself on the matter, the written order had not yet been signed when it reached the board. 

“The gist of the dispute therefore centres on whether a draft order can constitute an order of court.” 

She ruled that decisions of the Labour Court only become legally binding once reduced to writing and signed by the presiding judicial officer. 

“It follows therefore that a decision or award of the Labour Court only becomes legally binding once it is in writing and signed by the member of the court. This is consistent with how courts generally operate.” 

Justice Khabo emphasised that a draft order remains merely a proposal until formally endorsed. 

“A draft order is not an order of the court. Before it is granted by the court, it remains a mere proposal of what a party seeks before the court.” 

She added that accepting unsigned orders would create uncertainty and potentially undermine public confidence in the justice system. 

“If unsigned orders are accepted, there is a risk of parties communicating terms that are not in line with what the court ordered. This would bring the justice system into disrepute.” 

Justice Khabo concluded that President Thoso misdirected himself by holding the board in contempt based on an order that was not valid in law. 

“In the circumstances elucidated above, the court finds the learned President of the Labour Court to have erred in finding appellants to be in wilful default and mala fide disobedience of the order that was not proper in the eyes of the law.” 

She found that Adv Mokoko had failed to prove beyond reasonable doubt that the board was in contempt. 

“The respondent was not able to discharge the heavy onus placed upon her shoulders of proving beyond reasonable doubt that the Board was in contempt.” 

Justice Khabo ordered that the appeal succeeds and that each party bears its own legal costs. 

Background to dismissal 

Adv Mokoko’s troubles began on 5 November 2025 when she was issued with a show-cause letter by RSL Board Chairperson Advocate Lindiwe Sephomolo KC while attending the African Tax Administration Forum (ATAF) annual meeting in Algeria between 3 and 7 November 2025. 

The letter required her to explain why the board should not recommend termination of her contract to the Minister of Finance and Development Planning, Dr Retšelisitsoe Matlanyane. 

The board cited several allegations of administrative misconduct and gave her until 10am on 7 November 2025 to respond. 

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