Human rights lawyer seeks justice for dam host communities in Lesotho

By Obiabin Onukwugha

Water trading is lucrative business in Lesotho, a small South African country. The tiny kingdom supplies its bigger neighbor, South Africa, with much-needed water and in return, receives millions of dollars that experts say should be used to compensate resettled villagers.

Lesotho lies in the Maluti Mountains, whose highest peak rises over 3,000 meters (9,842 ft) above sea level and channels this vital resource into huge dams and the trade in water is flourishing for it.

This is so as its neighbouring South Africa’s economic hub, Johannesburg, heavily relies on this water.

But reports say the rights of communities hosting the dam which is the cash cow for Lesotho has not been recognised, neither is there any proof of adequate compensation since they were relocated to pave way for the building of the Katse and Mohale dams in 1998 and 2003, respectively.

The affected communities had in 2002 come together under the aegis of Survivors of Lesotho Dams (SOLD) to seek justice, adequate compensation, inclusion and participation in sustainable livelihoods and in decisions that involve communities affected by dams and other large infrastructure developments in the area.

However, as the country targets to complete the Polihali Dam currently under construction in 2028, which is expected to increase the volume of water used in South Africa and produce electricity for the two nations once it is completed, the issue of the rights of the local communities is at the forefront again.

A human right lawyer, Lepeli Moeketsi, who works for Seinoli Legal Centre, a non-governmental organisation in Maseru, recently said legal papers are already under way to seek justice for the local communities.

Water trading is lucrative for Lesotho given the increasing drought in South Africa, but it “does not benefit many people in Lesotho,” Moeketsi told DW.

Moeketsi said is concerned that the rights of the locals are still being ignored and that little information about possible plans for compensation is being made public.

Many people in Lesotho live from livestock farming and field cultivation and climate change has already left its mark as persistent droughts have negatively affected their harvest.

“They have lost their most productive farmland due to resettlement. Access to clean water, the loss of livelihoods, the destruction of the environment, the damage to their homes, the lack of adequate compensation; these are major challenges they are facing,” Moeketsi said.

However, Moeketsi acknowledges that the project did have some benefits. The construction of dams in Lesotho had proven to be an essential accelerator for economic growth.

It was gathered that Lesotho is highly dependent on more than €180 million ($192 million), which South Africa pays annually for the water. According to Mohlomi Moleko, Lesotho’s Minister of Natural Resources, this sum doubled in May 2024.

Moetkesi observed that the Lesotho Highlands Development Authority (LHDA), has not informed communities about infrastructure projects that affect their land. “They have not yet paid any compensation for the communal land, postponing it until the year of the planned completion in 2028,” he said, adding that even then, it remained doubtful if the government would compensate villagers.

“Not all residents have been relocated either even though construction work is progressing in their communities. The authorities have neglected air and noise pollution, which may lead to serious health problems. The government undoubtedly lacks the political will to ensure the proper implementation of this project in line with international standards,” he stated.

Moeketsi, therefore called for a revision of the 38-year-old agreement with South Africa and the recognition of the socio-economic and cultural rights of the villagers instead of just looking at these projects as a means to economic growth. “An application for a court case is already underway,” he added.