Africa-Press – Lesotho. The Phase II of the Lesotho Highlands Water Project (LHWP) is a product of the 1986 Treaty between the governments of Lesotho and South Africa. The treaty warranted that the two countries must mutually benefit from the project.
The implementation of the current phase II seems to have moved away from this principle as it is only benefiting South Africa. This is in breach of the treaty.
Notwithstanding differences in respective construction legislations, capacities, regulations and practices and norms, the treaty required the construction work to be distributed equitably between the two countries.
Article 6(2) of the Treaty states that “Lesotho shall in accordance with the provisions of the treaty, have the overall responsibility for the part of the project in the Kingdom of Lesotho and the securities thereof”. The same article provides similar geographic responsibility to South Africa for the part of a project that is in South Africa.
Article 6(4) states that “Lesotho shall establish the Lesotho Highlands Development Authority (LHDA) as an autonomous statutory body under the laws of the Kingdom of Lesotho in accordance with the provision of the treaty” and section (5) provides for establishment of the Trans-Caledon Tunnel Authority (TCTA) as a counterpart in South Africa.
Furthermore section (6) states that the two governments shall establish the Joint Permanent Technical Commission (JPTC) in accordance with the provisions of the treaty, of which section (11) requires the LHDA and TCTA respectively to provide the JPTC with the necessary access rights required in the course of the implementation, operation and maintenance of the project.
This article 6(17) also directs that consulting relating to the delivery of water to South Africa to allow for the contribution of consultants nominated by South Africa to the extent of not less than fifty percent with regard to that part of the project situated in the Kingdom of Lesotho. The article further places no restriction to the geographic location where materials can be procured.
Article 7 (1) stipulates that the LHDA shall have responsibility for the implementation, operation and maintenance of that project situated in the Kingdom of Lesotho, in accordance with the provisions of the treaty and shall be rested with all powers necessary for the discharge of such responsibility.
Section (32) requires the managerial and professional positions within the LHDA to be filled by personnel with appropriate qualifications and experience.
Moreover, article 7(33) suggests that the LHDA be managed by the Board of Directors appointed by Lesotho and 7(34) states that Board shall develop policy to give direction to the LHDA.
Article 9(1) stipulates that the JPTC to be comprised of two balanced delegations and 9(3) requires the decisions of the JPTC to be done on the basis of consensus.
Article 4.1 is the core of the project, the reason why this project exists today: “The purpose of the Project shall be to enhance the use of the water of the Senqu/Orange River by storing, regulating, diverting and controlling the flow of the Senqu/Orange River and its affluents in order to effect the delivery of specified quantities of water to the Designated Outlet Point in the Republic of South Africa and by utilizing such delivery system to generate hydro-electric power in the Kingdom of Lesotho.
”
This clearly indicates that Lesotho should generate hydro-electric power. Royalties is not the core reason why the project exists.
It is an opportunity cost to South Africa for having the project in Lesotho not in SA where cost of operation would have been huge. Currently, Lesotho’s power demand stands at about 140 MW.
The Lesotho Electricity Company (LEC) imports 68 MW of electric power from Eskom in South Africa and EDM in Mozambique at the cost of about M300 million per year.
We are currently producing 72 MW from Muela, which costs the LEC M70 million per annum. This does not require a rocket scientist to prove that the electricity Lesotho imports comes at a detrimental cost.
It’s not sustainable to continue importing electricity. What happened to national interests?
South Africa needs the water and Basotho need the electricity.
The outcome of the feasibility study on the possibilities of hydropower generation from the Polihali dam shows that it is not feasible or possible to generate hydropower from Polihali dam.
So, why is the construction of the dam going ahead without the hydropower generation component?
We need to understand the treaty and use it to protect our interests as a nation.
According to Article 6(2), the Lesotho government remains the custodian of the part of the project in Lesotho. Section (4) and (5) further reiterates on the borders of control and powers assigned to each party.
Statutory bodies (LHDA & TCTA) are by definition bodies set up and authorised by laws of each country to enforce legislation (the treaty in this instance) on behalf of each country.
Consistent with articles 6(2) and 6(4) above, article 7(1) identifies the LHDA as an executing body of the Lesotho government under its due restriction of the project.
On the basis of geographic restriction emphasis on Article 7, in fulfilling the requirements of Article 7(32), the recruitment of professional staff must come from the geographic area under consideration.
On the contrary, unlike the TCTA Board, the LHDA Board reflected on the annual report 2014/15 reflects eight board members of which only two are Lesotho nationals.
Article 9(1) requires the JPTC to be balanced in terms of number of delegates, the balance therefore places emphasis on the importance of patriotism in order to secure optimum benefit for their respective countries; this may also suggest that delegates whose interest cut across the borders of the two countries may not be eligible.
No wonder the construction of Polihali will go ahead without the hydropower generation! That is because the LHDA Board is dominated by South Africans.
These South Africans who serve in the LHDA Board against the Treaty will serve their national interest. They will approve anything that favours their country at Lesotho’s expense.
All they want is our water and they don’t care about Basotho’s interests. We have a leadership crisis, we are in need of selfless leaders, who will love Lesotho and put national interests first.
The structure of the LHDA board may suggest that Lesotho has lost its territorial powers allocated by the treaty. The decision to go ahead with the construction of Polihali dam without the hydropower generation comes at a time when the LHDA board composition lacked patriotic representation.
