The Human Cost of South Africa’s Water Supply: Lesotho Communities Pursue Legal Action

The Katse Dam, known as the largest element of the Lesotho Highlands Water Project (LHWP) and a vital water supply for the Vaal Dam—which is the main source of drinking water for Johannesburg—is presently at the center of a constitutional lawsuit pending before the Lesotho High Court.

While it is hailed as a major milestone in African infrastructure, the dam project has imposed significant costs on local communities, as asserted by the plaintiffs. More than 3,000 individuals and 889 registered businesses have initiated legal proceedings against the Lesotho Highlands Development Authority (LHDA)—the entity responsible for managing the LHWP—and its associated contractors.

The legal filings indicate that the claimants are alleging multiple injustices, including lack of compensation, violations of human rights, unfulfilled promises, and the failure to establish a proposed community development fund.

The LHWP originated from a treaty in 1986 designed to transport water from Lesotho to South Africa while also generating hydroelectric power and fostering broader developmental opportunities for Lesotho, such as irrigation and tourism.

Article 7 of the treaty stipulates that the LHDA is responsible for not only constructing the project but also safeguarding the welfare of the communities directly affected by it.

However, the plaintiffs argue that the construction of the Katse Dam, Mohale Dam, and the under-construction Polihali Dam violates the Constitution of Lesotho.

Central to their argument is the assertion that the LHDA failed to provide timely and adequate compensation to affected communities, infringing upon their property and land rights.

In a pivotal affidavit, Limpho Natsoane, chair of the Mokhotlong Business Forum Development Trust (the primary applicant), asserts that the LHDA disregarded its constitutional duty to compensate affected communities promptly and fairly after acquiring their land.

Furthermore, the plaintiffs contend that the LHDA did not create the anticipated community development fund and that the compensation provided is insufficient given the substantial loss of communal resources.

They seek a court ruling declaring all phases of the LHWP unconstitutional, arguing that they violate constitutional and statutory rights. The legal challenge highlights breaches of the Lesotho Constitution, the Human Rights Act of 1983, the Land Act, the LHDA Order of 1986, and various other laws.

According to Natsoane’s affidavit, the LHDA failed to ensure that living standards in the community were upheld following construction.

Losses dating back to 1987 include communal grazing areas, medicinal plants, wild vegetables, brushwood, and grasses—vital resources for survival in rural Lesotho.

The report underscores serious ramifications: communities remain impoverished, cattle are perishing due to lack of grazing land, and overall living conditions are deteriorating.

“This has left the applicants and others in extreme difficulty,” stated Natsoane. “They have no grazing land, are short of funds for essential goods, and face basic need shortages after their relocation.”

Legal submissions reveal procedural discrepancies and significant delays. Some properties were reportedly claimed as early as the 1980s for the construction of the Katse and Mohale dams.

Yet, “compensation rates were only approved starting in 1997,” noted Natsoane. “However, our properties were taken in 1986 and 1987.”

Formal compensation guidelines were not established until much later, with the LHDA Compensation Policy introduced in 2016 and the LHDA Compensation Regulations in 2017.

The plaintiffs additionally claim that construction for Phase II began in March 2015, yet legal notifications of the approved scheme were only released later that year. They argue that the LHDA proceeded with construction without following compensation protocols or securing necessary legal approvals.

Phase II focuses on developing the Polihali Dam in the Mokhotlong District, along with a 38km gravity tunnel connecting the new Polihali reservoir to the existing Katse reservoir. This project aims to boost Lesotho’s hydropower potential and increase water exports to the Vaal River system in South Africa.

The claimants contend that, when compensation was offered, it fell significantly short of legal or market value. For example, applicant Maoetsi Tekane’s late husband reportedly received only M16 (R16) annually for 21m² of land. Similarly, Lebohang Lengoasa allegedly received approximately M3,130 for about 4,000m² in 2020, which translates to just 78 cents per square meter.

Natsoane remarks, “The compensation documents do not even account for any interest accrued since 2012 or 2014, when the project began.”

They argue that for over 37 years, land has been expropriated without fair compensation, in direct violation of the LHDA’s own policies and legal statutes.

A serious allegation against the LHDA is that community members who expressed opposition or concerns faced state violence. The plaintiffs request the court to declare that arrests, detentions, torture, and prosecutions of certain individuals—reportedly conducted by police in collusion with LHDA agents—were unconstitutional.

The lead party, the Mokhotlong Business Forum Development Trust, represents over 489 registered companies, while an additional 400 affected businesses belong to various associations such as the Batlokoa Road Transport and Suppliers Association.

The second plaintiff, the Community Resources Development Trust, constitutes more than 3,000 individuals, including farmers, women, clergy, traditional leaders, and youth.

The plaintiffs seek not only outstanding compensation and the establishment of a development fund but also a share of the contract percentages from payments made to Phase II contractors.

They emphasize the urgency of the case, stating that many contractors have abandoned project sites without meeting their community obligations.

“They have left us destitute,” lamented Natsoane.

“This case could benefit over 100,000 people,” commented advocate Lerato Rabatho, Development Manager at Seinoli Legal Centre, the NGO supporting the litigation.

On Friday, attorney Monaheng Rasekoai, representing the LHDA, indicated that he filed opposing documents on Thursday and promised to provide them to GroundUp. Further updates will be shared next week.

© 2025 GroundUp. This article was originally published here.

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