Moorosi Tsiane
THE Lesotho Highlands Development Authority (LHDA) is facing a M140 million lawsuit from communities affected by the construction of the Katse and Mohale dams, in a dispute that has been ongoing for more than a decade.
The Katse and Mohale dams form part of Phase I of the Lesotho Highlands Water Project (LHWP).
The case was filed by the Thabana-Mahlanya Association on behalf of about 2 500 members, accusing the LHDA of failing to meet its compensation obligations under the Instream Flow Requirements (IFR) policy.
According to court papers filed by the association’s secretary general, Liphapang Nthole, the organisation was established in 2004 on the advice of the LHDA to facilitate compensation for communities affected by the large-scale water project.
Mr Nthole says, although an initial round of compensation was paid, the process was marred by numerous disputes and legal challenges.
“The applicant was registered as far back as 2004 and has since received the first batch of compensation, during which there was a plethora of disputes and litigation in the process of effecting the said compensation,” Mr Nthole states in his affidavit.
He further states that under LHWP Phase I policy, affected communities were entitled to compensation for the loss of riverine resources such as firewood, construction timber, medicinal plants and animal forage.
These obligations, he adds, were also outlined in a Memorandum of Understanding between the parties.
“It should be noted that in realisation of the above obligation, LHDA disbursed the first phase of compensation. The compensation was to be paid in cash into the accounts of Thabana-Mahlanya, calculated using a prescribed formula with compounded accumulation over time,” he says.
The funds were intended to help communities replace lost resources and support economic and community development initiatives.
However, the association argues that the second phase of compensation—due roughly 10 years after the first payment—was never made.
“The second payment was supposed to have been made 10 years after the first disbursement in 2004, meaning it fell due around 2013 or 2014 in terms of the IFR policy and the Memorandum of Understanding,” Mr Nthole says.
He claims that, despite repeated follow-ups through meetings and written correspondence, the LHDA allegedly failed to act.
“The said compensation has not been paid despite consistent demands made in meetings with LHDA, as well as through written correspondence by myself, both as Secretary General of the applicant and as chairman of Phallo lia lla Maloting.”
Mr Nthole argues that the authority has a clear obligation to comply with its own policy and honour the outstanding payment.
“I wish to aver that it is the duty of LHDA to comply with the IFR policy. I therefore pray that this Honourable Court compel the respondent to make the second and final payment of compensation amounting to M140,000,000.”
He further noted that the claimed amount could be an underestimation, given the time that has elapsed and the accumulated value since the payment became due.
The LHDA has indicated its intention to oppose the application but has yet to file its answering papers.
