…seek court order compelling final payment under Phase I policy
Hopolang Mokhopi
THE Lesotho Highlands Development Authority (LHDA) has been taken to the High Court by 20 community associations representing villagers affected by the construction of the Katse and Mohale dams, demanding payment of compensation they say has been outstanding for more than a decade.
The applicants, drawn largely from Thaba-Tseka and one community from Leribe, argue that LHDA has failed to honour its obligations under the Lesotho Highlands Water Project (LHWP) Phase I Policy for In-stream Flow Requirements (IFR), which they say required a second and final compensation payment in 2013.
In their Notice of Motion filed in the High Court last week, the applicants ask the court to order that the LHDA, being the only respondent, “be directed and/or compelled to comply with Lesotho Highlands Water Project Phase 1 Policy for In-stream Flow Requirements (IFR) by making a second and final payment of compensation due to applicants”.
They further seek an order compelling LHDA to pay the compensation within three months of judgment, together with costs on the attorney and client scale.
The application has been brought by Kamohelo Khoanyane Association together with 19 others representing communities that say they lost access to natural resources following the construction of the Katse and Mohale dams.
In the founding affidavit, their representative, Malesaoana Pitso, states that the associations were established on LHDA’s advice specifically to receive compensation for affected communities.
“The societies and associations were registered as far back as 2003. In consultation with the applicants, the respondent (LHDA) developed and adopted Lesotho Highlands Water Project Phase 1 Policy for In-Stream Flow Requirement (IFR) 2003. The affected communities were duly compensated in 2003 in compliance with IFR policy through the applicants,” Ms Pitso claims.
According to the applicants, the compensation covered the loss of river resources, firewood, construction timber, medicinal plants, fish resources and grazing areas resulting from the implementation of the water project.
The court papers state that while the first payment was made in 2003, the second payment due 10 years later was never made.
“The second payment was supposed to have been paid after a period of 10 years. In other words, the second payment should have been paid in 2013 in line with the IFR Policy. However, to date the respondent has not paid the second compensation.”
The applicants say they demanded payment in 2014 but were informed that LHDA had appointed consultants to assess implementation of the In-stream Flow Requirements downstream of Katse and Mohale dams.
“We were surprised because that was not the agreement from 2003… The respondent never came back to us; to date we are not aware whether the assessment was done or not… The respondent has been silent.”
The associations further argue that affected communities are constitutionally entitled to prompt and adequate compensation.
“The affected communities are entitled, as a matter of law to prompt payment of adequate compensation so as to maintain the standard of living and income levels existing prior to displacement.”
The latest application comes against the backdrop of similar litigation that has already gone against LHDA.
In the affidavit, the applicants cite the case brought by U Khopo Maliba-matso Society, whose members were also affected by the project.
“On the 19th March 2025, the High Court of Lesotho… ordered the respondent to comply with IFR Policy and compensate the society… On the 11th November 2025 the appeal was dismissed by the Court of Appeal.”
The applicants say they subsequently wrote a letter of demand to LHDA in November last year hoping to resolve the matter without litigation, but claim the authority failed to provide a conclusive response.
“The respondent has no defence at all in this case and the applicants had to enter into unnecessary costs of litigation that could have been avoided had the respondent complied with the applicants’ demand.”
The lawsuit is the latest in a growing number of compensation claims against LHDA arising from the implementation of the Lesotho Highlands Water Project.
A fortnight ago, the Lesotho Times reported that LHDA was facing a separate M20 million compensation claim by Iketsetseng Basotho Multipurpose Cooperative Society, which similarly alleges that compensation due under the IFR Policy and a Memorandum of Understanding has remained unpaid for years. That case followed another lawsuit filed by Thabana-Mahlanya Association seeking M140 million in compensation.
LHDA had not yet filed responding papers in the latest application.