Pascalinah Kabi
LESOTHO’s chief delegate to the Lesotho Highlands Water Commission (LHWC), Mzamo Lephoma, has been asked to “show cause” why he should not be fired over a host of issues revolving around his competency levels.
These include allegations that he has failed to compile and submit monthly performance reports of the Lesotho Highlands Water Project (LHWP) to the government, has caused the late payment of salaries for employees, failed to attend a key budget meeting and has misled his line minister on a number of issues. Mr Lephoma is essentially accused of making a fool out of Water Minister Nkaku Kabi by making him officiate at a dysfunctional water project, among other things. He is also accused of misleading both Mr Kabi and his Public Works colleague, Lebohang Monaheng, over the construction of a gravel road in Ha-Rapokolana, Maseru. The road has not been built despite allegations Mr Lephoma had promised the ministers the contractor would be on site from late last year.
Mr Lephoma has on the other hand vehemently rejected the allegations, blaming any delays in discharging some of his responsibilities on the Covid-19 pandemic. He also argues some of the issues he is blamed for are simply beyond his control.
In a highly charged letter dated 15 February 2021 the Water ministry’s principal secretary (PS), Malefetsane Nchaka, accuses Mr Lephoma of making Minister Kabi officiate at the commissioning of a water supply system at Sephareng, Thaba-Tseka, while knowing very well that the water system was not properly functioning.
Citing several incidences of alleged incompetence, Mr Nchaka then asks Mr Lephoma “to make representations, if any, why your employment contract may not be terminated”.
“On or around 23 September 2020, you made the honourable minister to officiate at the water supply system at Katse in the village of Sephareng knowing very well that the water system is not properly functioning,” write Mr Nchaka.
“We only came to know about this during the community protest where it was pointed out by the general public that you had clear knowledge that the system was defective and this you did not deny as it was raised in your presence.
“On or around 11 September 2020, you misled the ministers of Water (Nkaku Kabi) and Public Works (Lebohang Monaheng) to officially announce to the community of Ha-Rapokolana in the district of Maseru that a gravel road from Lekhalong la Thaba-Putsoa was going to be constructed and the contractor would be on site by November 2020.
“Such construction has not been undertaken and the contractor has not as well been at the site as the ministers undertook before the community. Up to now you have not given any explanation whatsoever to the honourable minister of water.”
Mr Nchaka says this all this “misinformation” had put ministers Kabi and Monaheng into serious disrepute.
He also accuses Mr Lephoma of failing to process salary arrears of Lesotho’s technical advisor in the LHWC, Masopha Sole.
“I have since instructed you to facilitate salary payment of Mr Masupha Sole and arrears thereof from the month of September 2020 and this you have failed to comply with and despite the reminder that I made on 16 December 2020,” Mr Nchaka states.
Mr Nchaka further accuses Mr Lephoma of failing to follow instructions to attend a budget discussion at ‘Manthabiseng Convention Centre and instead sent a junior officer to attend on his behalf fully aware that the “LHWP has serious budgetary challenges”.
He accuses the chief delegate of failing to inform the chief executive of the Lesotho Highlands Development Authority, Tente Tente, of the budgetary meeting despite knowing that Mr Tente is very critical in the budget processes and challenges facing the water project.
“You failed to be proactive and advise the honourable minister beforehand about the squabble on water supply in Khokhoba community at Katse until they staged a mass protest in December which has put the ministry and the project into disrepute. Your handling of budget issues is very wanting. In the month of October 2020, the project’s staff received their salaries late without any warning or explanation and thereby causing a serious inconvenience (sic) on them.
“It is your responsibility to see to it that all employees are paid on the due date. It was brought to your attention that there is a salary disparity between local and foreign employees doing the same job and the honourable minister of water directed you to attend to this issue and report back how you have resolved it. To date, you have not complied and the situation still continues. This means you have defied the minister’s directive.
“Under your leadership, there have not been monthly project reports from the commission and as such we are not informed of what is happening there until it is too late. You are therefore required to show cause within five working days, after the receipt of this letter, why I cannot recommend to the honourable minister of water to terminate your employment contract in terms of the termination clause of your employment contract,” Mr Nchaka states.
Mr Lephoma has since defended himself against the allegations. He said he should not be personally blamed for the failure to fully brief Minister Kabi and PS Nchaka on the LWC’s operations as they were appointed to the ministry last May by Prime Minister Moeketsi Majoro at a time when the Covid-19 pandemic was already wracking havoc and made it difficult for LHWP officials to fully orient government officials on the work of the entity, tasked with implementing the binational water treaty to construct the Polihali Dam and supply water to South Africa. Lesotho is supposed to benefit from electricity generation and water royalties in terms of the project established by the 1986 treaty between the two countries.
“It is important to note that during the prevailing Covid-19 pandemic period, it has not been easy to perform to the maximum in the (water) commission. Unfortunately, the PS and the honourable minister joined the ministry in the middle of the pandemic period which rendered various difficulties for all.
“Most unfortunately, we have not been able to orientate honourable minister and PS adequately (sic) to fully understand the project particularly on governance, compensation, procurement, the treaty (sic) like we did with all previous ministers and PSs. Important also to note is that the South Africa delegation of the commission has not been in the office since February 2020. Obviously, this situation complicates important decisions to be adopted in time by the Commission,” Mr Lephoma said in his 19 February 2021 reply to Mr Nchaka.
He also denied misleading Mr Kabi to officiate at the commissioning of a water supply system for Sephareng villagers. He argues that the ceremony was in fact a success because a “splash of water flowed as the honourable minister opened the tap”.
Mr Lephoma said there was photographic and video evidence on the LHDA website to support his claims of the successful water supply commissioning ceremony.
He also denied misleading Minister Monaheng on the road construction project. He said construction was indeed supposed to have begun in November 2020 as he had indicated but “there was a delay in approving the design and construction supervision consultant’s report until 21st January 2021”.
“The approvals in the Commission ordinarily take much longer especially if the project is funded by South Africa, as is the case with Mohale feeder roads. The challenges of delayed approvals particularly from the South African government has been an ongoing challenge for years…”
He blamed the delay in processing Mr Sole’s salary on challenges regarding the latter’s contract. He said he had even written to Mr Nchaka on 3 December 2020 requesting a meeting to discuss the challenges regarding Mr Sole’s contract and payment of his salary arrears as instructed by the PS.
He said even when he and Mr Nchaka subsequently met on the issue, he expressed his misgivings about implementing the PS’ directive to pay Mr Sole as he was “not comfortable and I do have rights to protect myself in case the processing of this payment lands on my lap in future”.
“We, the Commission therefore, engaged a lawyer for a legal opinion,” Mr Lephoma said in his letter, without detailing his fears over the payments to Mr Sole.
Mr Sole, a former chief executive of the Lesotho Highlands Development Authority (LHDA), has never been far from controversy after his fraud conviction for accepting M5 million in bribes from several foreign companies that bid for tenders in the first phase of the LHWP between 1980 and the early 1990s.
He was jailed for 15 years in 2002 but was released in May 2011 after serving nine years of his sentence. He was then controversially appointed chief technical advisor to the LHWC which oversees the LHDA, the project’s implementing authority. He was appointed to the position by the then Pakalitha Mosisili-led government in 2011, just four months after being released from prison on parole.
Mr Lephoma also rejected Mr Nchaka’s allegations that he had delayed processing water commission staffers’ salaries. He instead accused Mr Nchaka of delaying the payment of the salaries as he allegedly only signed a request of transfer of funds for the salaries on 28 September 2020. This was a month after the request was made on 26 August 2020, Mr Lephoma argued.
The LHWP is a multi-phased project to provide water to the Gauteng region of South Africa and to generate hydro-electricity for Lesotho. It was established by the 1986 treaty signed by the governments of Lesotho and South Africa.
The project entails harnessing the waters of the Senqu/Orange River in the Lesotho highlands through the construction of a series of dams for the mutual benefit of the two countries.
The LHWC, which runs the LHWP, comprises of delegates from both Lesotho and South Africa. Its main task is to oversee the work of the LHDA, the implementing authority of the project, whose main aim is to build dams in Lesotho to supply water to South Africa.
Both Lesotho and South Africa have three delegates each in the LHWC. Lesotho’s other delegates are Attorney Tumisang Mosotho and ‘Mamphanya Mahao.
