PARLIAMENT OF THE KINGDOM OF LESOTHO
SENATE
COMMITTEE ON PETITIONS
REPORT ON THE PETITION TO REMOVE TS’OSANE DUMPSITE THAT POSES ENVIROMENT AND HEALTH HARZARD TO T’SOSANE COMMUNITY
REPORT NO. 2 MARCH 2025
PART 1
1.0 INTRODUCTION
The Petition to Remove Ts’osane Dumpsite (Annexure 1) was presented in the House by the Honorable President of the Senate on the 23rd April 2024.
Subject to Standing Order 73 (4) the Petition was thereafter referred to the Petitions Committee for appropriate action.
2.0 METHODOLOGY
The Committee convened three meetings when addressing the matter. The first meeting was held on the 23rd April 2024 where the Committee met Members of Ts’osane community.
The second meeting was held on the 30th April 2024 where the Committee engaged with Lesotho National Development Corporation (LNDC), Ministry of Local Government, Chieftainship, Home Affairs and Police as well as the Ministry of Environment and Forestry.
The last meeting was held with the Office of the Ombudsman on the 23rd July 2024.
The report presents a summary of deliberations, findings and recommendations of the Committee.
PART II
3.0 TERMS OF REFERENCE OF THE COMMITTEE
The terms of reference of the Petitions Committee are provided under the Standing Order 89 as follows:
(1) There shall be established under this Standing Order a Petitions Committee which shall continue for the term of the Senate.
(2) The Petitions Committee shall, in accordance with these Standing Orders –
(a) consider petitions referred to it by either the Senate or the President, and obtain inputs or evidence thereon;
(b) exercise an oversight function over the executive authority and any organ of state through the receipt and consideration of petitions, including the implementation of legislation and thereby maintain their accountability to Parliament;
(c) perform other functions, tasks and duties as may be resolved by the Senate.
(3) The Petitions Committee may-
(a) call for papers, hear oral evidence, which may , by resolution of the committee, be recorded and transcribed;
(b) consult and liaise with Government Ministries and departments;
(c) ensure the attendance of any person at a meeting of the committee in terms of the Parliamentary Powers and Privileges Act of 1994; and
(d) establish sub-committees.
(4) Upon conclusion of business laid down for their consideration, the Committee must adopt a report and may make recommendations to the Senate which shall then take final decisions.
4.0 COMPOSITION OF THE COMMITTEE
1. Hon. Senator M. Kanetsi Chairperson
2. Hon. Senator Dr. T. Lebese Member
3. Hon. Senator P. Mathealira Member
4. Hon. Senator M.L.Q Majara Member
5. Hon. Senator S. Motsamai Member
6. Hon. Senator M.S. Maama Member
7. Hon. Senator L.L. Seeiso Member
8. Hon. Senator S.B. Seeiso Member
9. Hon. Senator L. Khoaele Member
10. Hon. Senator T.K.T. Matela Member
11. Hon. Senator N.A. Bereng Member
12. Hon. Senator S.G. Masupha Member
5. Hon. Senator L.M. Seeiso
4.0 COMMITTEE SECRETARIAT
1. Ms ‘Maliako Lehloenya Committee Clerk (Recording)
2. Mrs. ‘Maseephephe Matete Chief Legal Officer
PART III
5.0 STAKEHOLDERS PRESENTATIONS
On Tuesday 23rd April 2024 the Committee invited the Ministry of Local Government, Chieftainship, Home Affairs and the Ministry of Environment and Forestry, Ministry of Health to brief the Committee on their initiatives in regard to the matter.
The Committee had established that Lesotho Development Cooperation (LNDC) was a shareholder in one of the waste management companies that was tasked to manage waste at the Ts’osane dumpsite as thus the Committee considered LNDC as a stakeholder in the matter.
5.1 BRIEF BY T’SOSANE COMMUNITY ON THE PETITION
Ts’osane residents outlined that there had been severe cases where residents passed on due to respiratory disorders caused by the hazardous smokes coming from the dumpsite. Boreholes were contaminated, and there have also been confirmed respiratory related diseases caused by inhalation of the smokes that were produced by the fires burning from the Dumpsite.
Residents further presented that the matter had been their longest time outcry but had not received assistance rather rejection from Maseru City Council (MCC). They informed the Committee that the dumpsite contributes to the degradation of the ecosystem. The presence of hazardous materials and harmful fumes posed a serious risk to public health where children and the elderly individuals were prone to respiratory illnesses, skin disorders and other health complications, also the noxious odour that emanated from the dumpsite did not only bring discomfort but attracted pests and rats and created unsanitary conditions in the neighborhood.
Residents added that the community made attempts to engage MCC several times to address the matter. Civil Society Organizations such as Development for Peace Education (DPE) also intervened on behalf to the community to no avail. In early February 2024 residents took matters into their hands and closed entrances of the dumpsite with the aim of shutting down the dumpsite and the armed forces were sent to the area.
5.2 SUBMISSION BY THE MINISTRY OF LOCAL GOVERNMENT, CHIEFTAINSHIP, HOME AFFAIRS AND POLICE
The Ministry showed that it had been in the National Assembly the previous day Monday 22nd April 2024 before the Committee on Natural Resources and the Cluster Committee on Law on the same matter.
It was shown that Maseru City Council disposed its waste in a semi formalised dumpsite at Ha Ts’osane since it did not have an environmentally acceptable waste disposal facility. This shortcoming was identified by the Maseru City Council (MCC), stakeholders and the Government of Lesotho, and led to Maseru City Council embarking on a process to develop a new suitable waste disposal facility.
The Ministry revealed it had heard the outcry of the Ts’osane community and acknowledged that the matter needed urgent attention and submitted that it was working tirelessly to secure a dumpsite that would not pose any danger to the lives. The Ministry also presented that Maseru City Council had identified a site at Ts’oeneng, Rothe where waste shall be disposed. The site is said to accommodate a new land fill that will be able to accommodate the Maseru City’s waste stream.
Additionally, the Ministry reported that in 2005 a feasibility study and Environment Impact Assessment (EIA) were conducted as part of the planning process for the establishment of the Ts’oeneng Landfill. It was also outlined that the EIA had lapsed but MCC was in a process of applying for its renewal.
The Ts’oeneng landfill is expected to operate in a sustainable way, the facility would consist of lined cells for the disposal of general waste and double lined cells for disposal of hazardous waste. There shall also be a transfer station which shall serve as a temporary disposal location where collected waste would be offloaded into containers and shall be sorted and processed (re-used or recycled) before being hauled to the Ts’oeneng Waste landfill for final disposal.
The Ministry presented that Ts’oeneng Landfill was estimated at 400 Million Maloti but with that being too costly it shall be constructed in phases. Meanwhile, one company offered to assist managing the waste free of charge, where it shall the remove part of the waste, sort it and re use it/ recycle it. This would also be helpful since it will also create jobs for the unemployed. The plan was to rehabilitate the dumpsite and stabilize it while working on the Ts’oeneng Landfill to be operational.
5.3 MINISTRY OF ENVIRONMENT AND FORESTRY
The Ministry showed that it was ready and shall assist Maseru City Council with renewal of the Environment Impact Assessment once the application is submitted.
In a matter regarding reducing the use of plastic through legislation, since plastic contributes to a huge amount of waste, the Ministry showed that it was working with the Revenue Service Lesotho (RSL) to introduce plastic bag levy to reduce the use of plastic bags, where the agreement was that that plastic Levy shall be introduced from the month of September, 2024.
5.4 LESOTHO NATIONAL DEVELOPMENT CORPORATION (LNDC)
LNDC stated that in their findings the Corporation established that one company ‘Prime International Holdings/ Prime Enviro Energy’ company in which LNDC was a shareholder was mandated to manage waste in Maseru, Maputsoe, Butha Buthe and Mafeteng. According to the corporations’ findings LNDC pledged land where the operations were to take place. It was also highlighted that the agreement signed was around 2014.
The Corporation further outlined that in 2018 /2019, the same company approached LNDC demonstrating that they still had a contract with it to manage waste and wished to resuscitate the project nonetheless nothing had taken place thus far.
PART IV
6.0 OBSEVATIONS
6.1 The dumpsite does pose significant health threat to the well-being of the community.
6.2 The petitioners had submitted the same petition they had submitted before the Committee in the National Assembly and the matter was before the Natural Resource Committee and the Law Cluster.
The Committee took an initiative to engage with the two Committees through the Chairpersons to jointly to work on the matter, but the initiative was hindered by procedural matters; there is no standing order that provides for joint committee sittings.
6.3 The matter had also been before the office of the Ombudsman. The Ombudsman established that the matter was before the Constitutional court in Case NO: 0016/2022.
6.4 The Ministry of Environment and Forestry has engaged with Revenue Services Lesotho to begin collecting plastic Levy, which is intended to discourage consumers from single use of plastic shopping bags and revert to alternatives and reuse of bags. The Committee applauds the initiative since plastic bags seem to contribute a large portion of waste/pollution in the country.
6.5 The Committee noted that the Minister of Finance in the Budget Speech 2024/2025 Fiscal Year stated that preparatory works to close Ts’osane dumpsite and operationalize Ts’oeneng are planned and budgeted for 2025/2026 financial year.
7.0 RECOMMENDATIONS
7.1 The matter on the dumpsite should be addressed as soon as possible since it poses significant threats to the lives of the community as well as the environment.
7.2 There is a need to develop Joint Standing Order to enable Committees to join efforts where the circumstances so warrant.
7.3 In its efforts to address the matter the Ministry of Local Government, Chieftainship, Home Affairs and Police was urged make findings on the Company that was awarded a tender to manage waste at Ts’osane dumpsite.
7.4 There is need to raise awareness on Petitions presented before the Senate, for example; public should be discouraged from filing the same petition at the same time on both Houses (Senate and the National Assembly). In the absence of the joint standing orders, the Senate can review the resolutions of the National Assembly.
8.0 CONCLUSION
Subject to Standing Order 52 (3) the Committee on Petitions wishes to submit the report for the adoption by House.