PARLIAMENT OF THE KINGDOM OF LESOTHO
SENATE
COMMITTEE ON PETITIONS
REPORT ON THE PETITION ON THE CLOSED PUBLIC ROAD AT SEKAMANENG HA JAROSE
REPORT NO. 3 APRIL 2025
PART 1
1.0 INTRODUCTION
On the 29th June 2022 the Honourable President announced that the Office of the Clerk had received a petition (Annexure 1) from Sekamanang residents on the closed road by one of the villagers at Ha Jorose Sekamang MCC 01. The Petition was referred to the Petitions Committee, herein referred to as the Committee.
2.0 METHODOLOGY
The Committee convened two meetings, and conducted a site visit on the area in question.
2.1 The first meeting was convened on the 29th November 2023 and was attended by Sekamaneng Residents (Petitioners) , representatives from Water and Sewage Company (WASCO) and representatives from Maseru City Council) (MCC).
2.2 A site visit was conducted by the Committee in 2023.
2.3 The last meeting was held on the 16th October 2024 where the following were present, Ms Mankoane Khojane, Sekamaneng Villagers, Maseru City Council (MCC), Water and Sewage Company (WASCO) as well as the Land Administration Authority (LAA).
The report presents the summary of deliberations, findings and recommendations by 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
4.1 COMMITTEE SECRETARIAT
1. Ms ‘Maliako Lehloenya Committee Clerk
2. Mrs. Maseephephe Matete Chief Legal Officer
PART III
5.0 STAKEHOLDERS SUBMISSIONS
5.1 SEKAMAMANENG RESIDENTS
The community presented to the Committee that on the 20th June 2021, ‘Mankoanyane Macheli closed the public road with a fence. The matter was reported to the Chief of the area who convened a gathering to address the matter but no consensus was reached.
The residents then approached the Maseru City Council (MCC) for intervention. MCC conducted a site visit and instructed Mrs Macheli to open the road by the 27th September 2021, even after such instruction, Mrs Macheli did not comply.
5.2 MRS ‘MANKOANE MACHELI
In response, Mrs Macheli stated that she did not own the plot in question rather was the daughter-in-law of the owner Mrs ‘Machechaba Macheli. She informed the Committee that she was just a representative of the Mrs Macheli (Senior). During the first meeting Mrs ‘Mankoane Macheli acknowledged that she resided at that particular site but did not have documentation to (lease) however the water bill was in her name. Mrs Macheli pleaded with the Committee that she be awarded another day to appear before the Committee to which the owner would be present. She further added that the matter regarding the site was before the courts of law and also produced documents to support her submission. On the instruction by Maseru City Council to open the road she summited that she communicated with MCC on that matter.
In the second meeting Mrs Macheli (Senior) was still not present, Mrs Mankoane Khojane Macheli presented to the Committee that she was representing Mrs Macheli (Senior). Mrs Mankoane Khojane was asked to produce written evidence that Mrs ‘Masechaba Macheli had authorized her to represent her in the matter, Mrs ‘Mankoane produced WhatsApp text which she stated that they had typed it with her Sister-in-law and claimed to be Mrs ‘Masechaba.
5.3 MASERU CITY COUNCIL (MCC)
Maseru City Council stated that on 2nd August 2021 the Council received a complaint from the residents of Ha Jorose that Mrs. ‘Mankoane Khojane Macheli had closed a public access road by fencing. The Council then conducted a meeting with the two conflicting parties on the 17th September 2021. MCC indicated that at the end of the meeting there was a disagreement between the two where Mrs Macheli maintained that the area in question formed part of her site while on the other hand residents argued that it was a public road.
Mrs Macheli was however instructed to revert to her boundaries and provide the access within 14 days. On the 04th October, 2021 Mrs Macheli wrote to MCC and showed that she had not wrongly fenced the area and will not adjust her plot boundaries.
MCC also outlined that on the 06th June 2022 another attempt to resolve the matter was taken, where a public gathering was held at the site. The Legal Office- MCC was invited to play an oversight role during the deliberations. Community members presented their recollection on the history of allocation of sites in the area including Mrs Machelis’. Varying opinions were provided by different members of the community at the end of the meeting there was still no agreement and the matter was not concluded.
The Maseru City Council made a pleaded on behalf of the community that the Macheli’s family provide a needed access to the benefit of the community. The family requested for an opportunity to discuss the matter amongst themselves before they could respond to the request. On 21st June, 2022 the Macheli family submitted in writing that they had concluded that they would offer 17.5 by 16.5 of the land for access.
5.4 SITE VISIT FINDINGS
- Sekamaneng is an unplanned settlement, where developments have been taking place without the benefit of a plan.
- Although MCC 01 falls under the jurisdiction of the Maseru City Council, it has not allocated land in that area rather allocation was done by field owners and traditional leadership.
5.4 WATER AND SEWAGE COMPANY (WASCO)
WASCO presented that there was no fencing at the time the Company installed the piping system at that area and showed that now that the area was fenced, there will there will be a great inconvenience on their side. WASCO indicated that if ever there could be an incident of malfunction, there would be delays in accessing the pipelines thereby prolonging time to repair the malfunctioning. The fencing of the road would also lead to inability to access and improve the pipelines for better performance, extended negotiations to bring down structures build on the pipelines, and loss of business due to closure of supply during the negotiations to remove the structures built on the pipeline. Lastly there would be damage to the neighboring structures and properties like houses.
5.5 LAND ADMINISTRATION AUTHORITY (LAA)
LAA presented that the Land Act provides that for to be land allocated by the local council, it must have be surveyed and planned beforehand. Councils are responsible for maintaining records of available and allocated sites within their jurisdiction. Once a council has allocated land, allocation minutes or tittle are provided. It was stated that a lease can be issued where an S10 form and an identity document have been attached to the application.
LAA further informed the Committee that Millennium Challenge Account had a project that assisted land owners to acquire documentation of their sites. Land owners were responsible of showing surveyors their plot boundaries. Requirements for obtaining a lease under the project were not rigid.
In the case of the plot in question 14272-323, documents outlined that there were attempts of acquiring the lease for the plot. The lease application for the site was accompanied by a letter dated 16th July 2013 from the Principal Chief of Ha Majara, however there were complications even though they were not clearly outlined what transpired, as thus the application was not processed. On the other hand, the Map indicated that there was a road at the said area.
When the Committee was about to submit its report before the House, the residents of Ha Jarose, Sekamaneng served the Clerk’s office with a letter. The letter informed the Committee that after the Maseru City Council had removed the fence that had barred the residents from accessing the public road, Mrs. ‘Malimakatso Macheli tempered with the opened road, made the road inaccessible again, destroyed the water pipes and threatened the residents. The residents sought further intervention of the Committee since they feared that she might re-fence the public road.
When the Committee learned of this impasse, it sought clarity from the Maseru City Council. The Council showed that on the 14th October, 2024, the Council was served with an application filed with the Maseru Magistrate Court seeking the Council to restrain from interfering with the peaceful and undisturbed possession of the portion of the part of the unregistered site under the care and control of Mrs. Macheli. However, Maseru City Council responded to the application which was decided against it.
A court order dated the 20th December, 2024 that was shared with the Committee, indicated that a final order has been made by against Maseru City Council to restore the fencing on the site occupied by Mrs. Macheli and restrain from interfering with Mrs. Macheli’s peaceful and undisturbed possession.
The Maseru City Council informed the Committee that its legal section was contemplating taking an appeal against the final order in question.
The Maseru City Council further shared with the Committee that they have learned through the ward councilor that the matter relating to the destruction of the WASCO pipes, the threats and the insults on the residents had been referred to the Lesotho Mounted Police Service although it did not have the finer details of what transpired with the police.
PART IV
6.0 OBSEVATIONS
- Maseru City Council had decided on the issue but did not implement its decision.
- The Committee noted that Thursday 19th November Maseru City Council managed to remove the fence blocking the main access road and the abandoned toilet was demolished.
- The matter having been referred to Court, its hands are tied and it cannot deliberate on the petition referred.
- On the turn of events, the Committee is bound to abide by the Court Order dated the 20th December, 2024.
7.0 RECOMMENDATIONS
- There is need for public awareness on matters that can be attended by the Committee i.e. The Committee cannot attend to matters before the courts of laws to uphold the principle of separation of powers also petitions that have not reached finality before Committees in the National Assembly.
- The Committee has observed that this matter has existed since 2021 and needs to be resolved urgently. Therefore, urges the Maseru City Council to hasten in its resolution to appeal the Court Order made by the Maseru Magistrate Court to avoid the inconvenience of the tampered public road and the lawlessness that may result.
8.0 CONCLUSION
Subject to Standing Order 52 (3) the Committee on Petitions wishes to submit the report for the adoption by House.