Lesotho High Court: Directs Negotiations in Water Project Data Dispute

• Seinoli Trust initiated legal action against the Lesotho Highlands Development Authority to obtain data concerning communities impacted by the Lesotho Highlands Water Project.
• The data is sought by Seinoli Trust to verify whether affected families have received adequate compensation as stipulated by the treaty between Lesotho and South Africa.
• The LHDA declined to release the information, citing intellectual property concerns and obligations under the Lesotho Data Protection Act of 2011.
• Judge Molefi Makara of the Lesotho High Court mandated that both parties engage in out-of-court negotiations to resolve the data handover by November 17.
• The dispute arises amidst reports of over M142 million in compensation arrears for Phase 1 of the project, as noted in an ombudsman report.

This highlights a critical tension between transparency and individual privacy rights in large-scale development projects.

A significant legal confrontation has emerged in Lesotho concerning the transparency of information related to the Lesotho Highlands Water Project. The Seinoli Trust initiated proceedings in the Lesotho High Court, seeking to compel the Lesotho Highlands Development Authority (LHDA) to release crucial data pertaining to communities impacted by the extensive water infrastructure project. This action followed the LHDA's refusal to provide the requested information, which the Trust argues is vital for evaluating the project's effects on local populations.

The dispute recently saw an intervention from Judge Molefi Makara, who directed both the LHDA and the Seinoli Trust to engage in out-of-court negotiations. The court has set a deadline of November 17 for the parties to reach an agreement regarding the handover of the contested information. This judicial directive underscores the urgency of resolving the Lesotho Highlands Water Project data dispute outside of a protracted legal battle.

At the heart of the legal challenge is the Seinoli Trust's assertion that the withheld data is indispensable for determining whether families residing near the project have received adequate compensation, as mandated by the treaty between Lesotho and South Africa. Reitumetse Nkoti-Mabula, executive director of Seinoli Legal Centre, detailed the organization's efforts to obtain this information, beginning with a request to the LHDA on March 28, 2023, followed by a reminder on April 26, 2023. The LHDA's response, delivered on June 22, 2023, cited intellectual property rights and data protection concerns as reasons for its refusal.

The specific information sought by Seinoli Trust is comprehensive, encompassing completed census and socio-economic survey data for all affected individuals, detailed land and asset inventories, and geographical records such as maps and photographs identifying agricultural land size and location. Furthermore, the Trust requested data on improvements like housing, livestock, rangelands, fruit trees, medicinal plants, and burial sites. Crucially, Seinoli also aimed to obtain valuation amounts, compensation offers, signed agreements, grievance documentation, and a comprehensive overview of both monetary and in-kind compensation disbursed to those affected by the project.

The LHDA, through its chief executive Tente Tente, maintained that withholding the information was lawful, asserting compliance with the Lesotho Data Protection Act of 2011. Tente argued that releasing beneficiaries' private details without their explicit consent would constitute a violation of this legislation. He emphasized that Seinoli's status as a public interest law center did not grant it unrestricted access to personal and private information without the authorization of the affected third parties. This highlights a critical tension between transparency and individual privacy rights in large-scale development projects.

Conversely, Seinoli Trust contended that the LHDA's refusal was unlawful and illegal, violating several commitments. Nkoti-Mabula pointed to the LHDA's own environmental policy, established in May 2016, which pledges to "regularly provide to stakeholders, accurate environmental information and reports based on the outcome of monitoring and evaluation activities." Additionally, Seinoli asserted that the refusal infringed upon its right to access information, as guaranteed by Lesotho's constitution and the Lesotho Environmental Act information access provisions.

The background to this legal confrontation stems from significant concerns raised by communities directly impacted by the Lesotho Highlands Water Project. During consultations conducted by Seinoli in 2021 and 2022, involving individuals, households, and communities affected by Phase 1A, specifically around the Katse Dam and Muela Reservoir, numerous complaints emerged. Approximately 100 individuals, households, and communities reported that their living conditions had deteriorated since the project's inception, with many claiming they had not received full compensation for their losses. These grievances prompted the communities to seek Seinoli's intervention.

Further underscoring the gravity of the situation, an ombudsman report indicated substantial outstanding compensation. As of December 31, 2025, arrears for Phase 1 of the project amounted to more than M142 million (equivalent to R142 million). This significant sum highlights the ongoing challenges in ensuring equitable treatment for those whose lives and livelihoods are altered by major infrastructure developments, making the resolution of the Lesotho Highlands Water Project data dispute particularly critical for affected populations.

Lawyers advising clients on large infrastructure projects in Lesotho should note the ongoing tension between community information access rights for compensation assessment and data protection obligations. This case underscores the critical need for robust data sharing policies and agreements from project inception to navigate potential legal challenges related to transparency and privacy.

Source: Original reporting via news sources