The Human Toll of South Africa’s Water Crisis: Lesotho Communities Seek Legal Remedies

The Katse Dam, regarded as a crucial element of the Lesotho Highlands Water Project (LHWP) and an essential water source for the Vaal Dam—which delivers drinking water to Johannesburg—is currently the focus of a constitutional lawsuit in the Lesotho High Court.

Despite being celebrated as a notable achievement in African infrastructure, local communities argue that the dam’s construction has come at a significant cost, as highlighted by the plaintiffs. Over 3,000 individuals and 889 registered businesses have filed legal action against the Lesotho Highlands Development Authority (LHDA)—the organization responsible for managing the LHWP—and its contractors.

The lawsuit details numerous allegations from the claimants, including insufficient compensation, human rights violations, unmet promises, and the absence of a proposed community development fund.

The LHWP was initiated by a treaty in 1986 to enable the transfer of water from Lesotho to South Africa, generate hydroelectric power, and promote various developmental projects in Lesotho, such as irrigation and tourism.

According to Article 7 of the treaty, the LHDA is accountable for both constructing the project and ensuring the well-being of affected communities.

Nonetheless, the plaintiffs argue that the construction of the Katse Dam, Mohale Dam, and the ongoing Polihali Dam violates the Lesotho Constitution.

One of the central claims is that the LHDA has failed to provide timely and fair compensation to affected communities, thereby violating their land and property rights.

In a key affidavit, Limpho Natsoane, chair of the Mokhotlong Business Forum Development Trust (the lead applicant), asserts that the LHDA has neglected its constitutional obligation to promptly and fairly compensate communities after seizing their land.

The plaintiffs also contend that the LHDA has not established the promised community development fund and that the compensation provided is severely inadequate considering the drastic loss of communal resources.

They are requesting a court ruling declaring all aspects of the LHWP unconstitutional, citing violations of constitutional and statutory rights. The legal challenge raises concerns regarding the Lesotho Constitution, the Human Rights Act of 1983, the Land Act, the LHDA Order of 1986, and numerous other laws.

According to Natsoane’s affidavit, the LHDA failed to ensure that the community’s living standards were maintained after the constructions.

Since 1987, losses have included communal grazing lands, medicinal plants, wild vegetables, firewood, and grasses—vital resources for survival in rural Lesotho.

The report outlines alarming consequences: communities remain entrenched in poverty, livestock are dying due to the lack of grazing land, and overall living conditions are deteriorating.

“This has left applicants and others in serious distress,” Natsoane stated. “They have lost grazing land, are struggling to buy necessities, and face shortages following relocation.”

Legal documents indicate procedural irregularities and significant delays. Some properties were reportedly appropriated as early as the 1980s for the construction of the Katse and Mohale dams.

However, “compensation rates were only approved from 1997 onwards,” emphasized Natsoane. “Our properties were taken in 1986 and 1987.”

Formal compensation guidelines were established later, with the LHDA Compensation Policy introduced in 2016 and the LHDA Compensation Regulations in 2017.

The plaintiffs further claim that Phase II construction began in March 2015; however, legal notifications regarding the approved scheme were issued only later that year. They argue that the LHDA continued construction without complying with compensation protocols or obtaining necessary legal permits.

Phase II aims to develop the Polihali Dam in the Mokhotlong District and construct a 38km gravity tunnel connecting the new Polihali reservoir to the existing Katse reservoir. This project seeks to enhance Lesotho’s hydropower capabilities and boost water exports to the Vaal River system in South Africa.

The claimants argue that the compensation received was significantly below both legal and market values. For example, applicant Maoetsi Tekane’s late husband reportedly received only M16 (R16) annually for 21m² of land. Likewise, Lebohang Lengoasa allegedly received about M3,130 for approximately 4,000m² in 2020, translating to merely 78 cents per square meter.

Natsoane remarked, “The compensation documents do not even show any interest accrued since 2012 or 2014, when the project commenced.”

The plaintiffs maintain that for over 37 years, land has been appropriated without fair compensation, directly violating the LHDA’s own regulations and legal frameworks.

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

The lead party, the Mokhotlong Business Forum Development Trust, represents more than 489 registered companies, while an additional 400 affected businesses are part of various associations such as the Batlokoa Road Transport and Suppliers Association.

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

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

They emphasize the urgency of the situation, noting that many contractors have abandoned project sites without fulfilling their community commitments.

“They have left us impoverished,” Natsoane expressed.

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

On Friday, attorney Monaheng Rasekoai, representing the LHDA, noted that he had filed opposing documents the previous day and promised to provide them to GroundUp. Further updates will be provided next week.

© 2025 GroundUp. This article was originally published here.

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