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

The Katse Dam, regarded as the principal element of the Lesotho Highlands Water Project (LHWP) and an essential water supply for the Vaal Dam—providing drinking water to Johannesburg—is currently embroiled in a constitutional lawsuit before the Lesotho High Court.

Although hailed as a major milestone in African infrastructure, the dam project is said to have imposed heavy costs on local communities, as asserted by the plaintiffs. More than 3,000 individuals and 889 registered businesses have launched legal proceedings against the Lesotho Highlands Development Authority (LHDA)—the body responsible for managing the LHWP—and its contractors.

The legal filings disclose that the claimants allege multiple injustices, including insufficient compensation, human rights infringements, unmet commitments, and the absence of a proposed community development fund.

The LHWP was initiated through a treaty in 1986 to facilitate the transportation of water from Lesotho to South Africa, generate hydroelectric power, and foster broader developmental opportunities within Lesotho, such as irrigation and tourism.

Article 7 of the treaty stipulates that the LHDA is accountable for both the construction of the project and the welfare of the communities directly impacted by it.

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

A central element of their case is the assertion that the LHDA failed to provide timely and adequate compensation to the affected communities, thus violating their land and property rights.

In a significant affidavit, Limpho Natsoane, chair of the Mokhotlong Business Forum Development Trust (the lead applicant), claims that the LHDA overlooked its constitutional responsibility to promptly and fairly compensate communities after annexing their land.

Furthermore, the plaintiffs contend that the LHDA failed to establish the anticipated community development fund and that the provided compensation is insufficient considering the considerable loss of communal resources.

They are pursuing a court declaration that all stages of the LHWP are unconstitutional, citing violations of constitutional and statutory rights. The legal challenge underscores breaches of the Lesotho Constitution, the Human Rights Act of 1983, the Land Act, the LHDA Order of 1986, and multiple other laws.

According to Natsoane’s affidavit, the LHDA did not guarantee that living standards in the community would be maintained following construction.

Since 1987, losses have encompassed communal grazing zones, medicinal plants, wild vegetables, firewood, and grasses—critical resources for survival in rural Lesotho.

The report suggests dire consequences: communities remain entrenched in poverty, livestock are perishing due to lack of grazing land, and overall living conditions are deteriorating.

“This has left the applicants and others in serious distress,” Natsoane said. “They have lost grazing land, are struggling to afford essential goods, and are facing shortages post-relocation.”

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

However, “compensation rates were only approved starting in 1997,” Natsoane highlighted. “Our properties were taken in 1986 and 1987.”

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

The plaintiffs also claim that Phase II construction began in March 2015; however, legal notifications regarding the approved scheme were only issued later that year. They allege the LHDA continued construction without observing compensation protocols or securing necessary legal approvals.

Phase II aims to develop the Polihali Dam in the Mokhotlong District, along with a 38km gravity tunnel linking the new Polihali reservoir to the existing Katse reservoir. This project is intended to boost Lesotho’s hydropower capacity and increase water exports to the Vaal River system in South Africa.

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

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

They argue that for over 37 years, land has been seized without fair compensation, directly contravening 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 are urging the court to declare that arrests, detentions, torture, and prosecutions of specific individuals—reportedly carried out by 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 form part of various associations like the Batlokoa Road Transport and Suppliers Association.

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

The plaintiffs are seeking not only overdue compensation and the establishment of a development fund but also a portion of the contract percentages from payments made to Phase II contractors.

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

“They have left us impoverished,” Natsoane lamented.

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

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

© 2025 GroundUp. This article was originally published here.

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