PARLIAMENT OF THE KINGDOM OF LESOTHO
SENATE
PETITIONS COMMITTEE
REPORT OF THE PETITIONS COMMITTEE ON IMPASSE BETWEEN HA-TSOLO VILLAGERS AND MINISTRY OF WATER (WASCO)
TENTH MEETING-FIRST SESSION OF THE TEN PARLIAMENT
Table of Contents
2. Formation of the Petition Committee.. 3
2.1 Powers of the committee. 3
2.2 Functions of the Committee. 3
3. Composition of committee membership.. 4
4. Operations of the Committee.. 5
5. Presentation of the findings. 5
6. Recommendations……………………..……………………….…………………………………………………….7
7. Conclusion………………………………………………………………………………………………………..……….7
This report represents the findings and recommendations of the Senate Petitions Committee based on its investigations which were prompted by a Petition submitted By Ha-Tsolo villagers on an impasse between them and Ministry of Water Affairs (Water and Sewage Company).
2. Formation of the Petition Committee
“The Petitions Committee shall, in accordance with the Standing Orders No. (89);
- Consider petition referred to it by either the Senate or the President, and obtain inputs or evidence thereon.
- 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;
- Perform other functions, tasks and duties as may be resolved by the Senate.
2.2 Functions of the Committee
The petitions Committee may –
- Call for papers, hear oral evidence which may, by resolution of the committee, be recorded and transcribed;
- Consult and liaise with Government ministries and departments;
- Ensure the attendance of any person at a meeting of the Committee in terms of the Parliamentary Powers and Privileges Act Of 1994; and
Upon conclusion of business laid down for their consideration, the Petitions Committee must adopt a report and make recommendations to the Senate which shall then take final decisions”.
3. Composition of committee membership
- Hon. T.K.T Matela– Chairperson
- Hon. S.B Seeiso- Member
- Hon. M. Maama – Member
- Hon. M.T. Makhaola- Member
- Hon. M.S. Moholobela- Member
- Hon. S.M.G Masupha- Member
- Hon. L.M Seeiso- Member
- Hon. S.S Nkuebe- Member
- Hon. M.L.Q Majara- Member
- Hon. J.A. Mots’oene- Member
- Hon. N.L Bereng- Member
- Hon. M. Lebesa – Member
- Hon. A.N. Bereng- Member
Committee secretariat:
- Ms. Mantsoaki Moorosi (Committee Clerk)
4. Operations of the Committee
Subsequent to the submission of the petition by the Ha-Tsolo villagers as mentioned in the introductory note. The investigation sought to:
- Ascertain the accuracy of the correspondence and to engage with the appellants.
- Ascertain the soundness of the arguments therein advanced by the appellants and
- To recommend a way forward in a concerted effort.
5. Presentation of the findings
5.1 Presentation by the petitioners
On November 24th 2020 the Committee invited petitioners to present their matter before its members. According to their representatives, in 2001 WASCO constructed dams in their village. By 2012, the villagers observed water coming in to their homes from the dams and the matter was reported to WASCO. Since then, more houses have been affected; some villagers even had to re-build their homes due to incurred damages. WASCO did come through with compensation packages for the affected families. However, there seems to be more damage but minimal funds as a form of compensation. They proposed the dam be maintained to stop the linkage while WASCO increase the compensations.
In line with the above, the Committee advised itself to take a tour to Ha-Tsolo and also have a meeting with the two parties.
5.2 Site visit
On 14th July 2021, the committee took a site visit to Ha-Tsolo village. The following observations were made:
- There is water coming out of the dam
- There are boreholes build surrounding the dam
- Water is flowing between houses
- There is a vacated house due to water springing from the floor
- Some houses have cracks
- There is a cemetery below one dam that maybe affected in the long run
5.3 Deliberations between Ministry of water affairs and Ha-Tsolo villagers
The petitioners posed that there is poor communication between them and WASCO. They argued that since 2012, at which point the matter was still at infancy stage could have been resolved, further appeals presented before WASCO have been in vain. In 2012 there was only one house affected. Currently there are more than six. The extent of damages escalates every other year. They acknowledged that WASCO had deployed contractors to remedy the damage by building gabions; however that was not well communicated to them.
The Ministry, lead by the Principal Secretary, reported that they have formed a Team of technicians to attend to the matter. Further, the Minister of Water Affairs had taken a site visit to Ha-Tsolo, and subsequently ordered his staff to act promptly to the matter.
The Committee resolved that ground work and statistics on affected families, including the degrees to which they have been, should be undertaken. In addition, as a short-term measure, gabions have to be construction of to block the water from going into the houses. Boreholes also have to be erected to reverse the water back to the tanks. The idea is to put gabions, and then attend to the mending of the houses. Moreover, as a long-term measure, the Ministry is undertaking a feasibility study to move the villagers to another area upon completion of costing of the study to be submitted to the Ministry of Finance and Ministry of Planning.
Following on above deliberations, the Honorable Members of the Committee made the following observations, remarks and recommendations:
- That a committee be formed by the villagers
- the Ministry to explain why it does not have a clear plan of action
- How soon would the matter be resolved?
- Was there any Environmental Impact Assessment (EIA) done before the construction of the dams?
- Whether the Ministry was attending to only one dam or all four dams that were seen during the site visit?
In response, the Ministry made an undertaking to:
- Facilitate the formation of the village committee
- Act on the recommendations by their technicians which will inform drafting of Action Plan with a budget indicating the cost of the prospective relocation of affected villagers.
- Work with other Ministries inclusive of Trade, Public Works, and Environment etc., as well as in consultation with affected communities and relevant NGOs to conduct EIAs when additional dams are constructed. This should resolve the absence of EIAs in the construction of dams.
- Said there are 56 dams across the country inclusive of the four in Ha-Tsolo where WASCO has identified other dams facing similar challenges and are also addressing them.
6. Recommendations
That:-
- The Ministry should treat this case as an emergency
- WASCO should promptly relocate affected and vulnerable families as the area is no longer habitable
- Both parties (Villagers and Ministry) to update the Senate regularly on all developments and challenges that they may encounter
7. Conclusion
The Committee wishes to acknowledge efforts made by all participants in this enduring work and submits this report for adoption by the Senate.