…as it orders MCC to close Ha-Tšosane dumping site
Moorosi Tsiane
THE long-running feud between Ha-Tšosane residents and the Maseru City Council (MCC) has finally been resolved after the Constitutional Court ordered the council to rehabilitate and close the controversial Ha-Tšosane dumpsite under strict timelines beginning on 15 March 2026.
The order, delivered on 12 February 2026 by Justices Molefi Makara, Realeboha Mathaba and Mabatšoeneng Hlaele, brings to an end a decade-long legal battle that began in 2016 when residents of Ha-Tšosane approached the court seeking to halt the dumping of waste in their community.
Residents argued that the continued dumping violated their constitutional right to a safe and healthy environment. They also challenged the MCC’s refusal to conduct an environmental audit to assess the impact of pollutants on their lives, describing the refusal as unlawful.
In their application, the residents cited violations of Sections 27 and 36 of the Constitution, read together with Section 4 of the Environment Act, 2008. They sought an order declaring the dumping practice unconstitutional and compelling the clean-up and restoration of the site to an environmentally friendly condition. Alternatively, they asked for relocation to suitable residential areas with houses of similar value and quality.
The MCC, the Ministries of Health; Tourism, Environment and Culture; Local Government and Chieftainship; Law and Constitutional Affairs; and Attorney General Rapelang Motsieloa were cited as respondents.
Representing the residents, Advocate Fusi Sehapi argued that the dumpsite posed a direct threat to community health and safety.
“The respondents jointly and/or severally dump pollutants in Ha-Tšosane village. The dumping area is close to some residential homes—so close that they share an unsealed border,” he submitted.
Adv Sehapi detailed that the site contains hazardous plastics, oils, nappies filled with faeces, asbestos roofing materials, industrial waste, decomposed animal carcasses and other toxic materials. These, he said, result in constant decomposition, bacteria, maggots, unbearable odours and general nuisance.
He further told the court that in October 2019 a fire, believed to have been caused by chemical combustion, burned for more than a week, emitting heavy smoke and causing respiratory infections among residents. He also cited the case of one Mr Jerry, who allegedly lost property worth millions of maloti when a fire spread from the dumpsite.
Residents complained of contaminated surface and underground water, polluted dongas, constant smoke from smouldering waste and the risk of landslides due to deep excavations to lower accumulated garbage. They also alleged that livestock had died after consuming plastics and waste from the site.
In October 2025, the court first directed the parties to negotiate a settlement. On 17 November 2025, a deed of settlement was issued, confirming that residents’ rights to a scenic, clean, decent, safe and healthy environment are directly justiciable.
The parties agreed that the Ha-Tšosane disposal site must be stabilised, rehabilitated and closed, while a new facility, the Tšoeneng Sanitary Landfill, is developed.
In its final ruling, the court set out five implementation phases with strict timelines.
“By agreement of the parties, the respondents are jointly and/or severally directed to stabilise, rehabilitate and close the Ha-Tšosane dumpsite in accordance with the following time frames and phases,” the order reads.
Phase One will run from 15 March 2026 to 29 March 2027. Parts of Phase Two – including the first cells of the Tšoeneng Landfill development and encapsulation works – commenced in November 2025 and are expected to conclude by 23 November 2027.
Phase Three, involving development of the second landfill cell, will run from 26 August 2026 to 27 October 2027. Phase Four – implementation of waste processing facilities and final infrastructure – is scheduled from 5 April 2027 to 1 March 2028. The final phase, project closure, is set for 29 March 2028.
The government has already allocated M20 million towards the rehabilitation and relocation project and is expected to continue funding the initiative to completion. The MCC will be required to account for the funds after each phase.