Lesotho Court Denied Compensation Case in Water Project
The court rejected a request to bypass standard litigation for over 3,000 residents seeking project-related damages.
Updated on Sept. 20, 2026 in Law
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In May 2026, the Lesotho High Court ruled that residents and businesses affected by the Lesotho Highlands Water Project must pursue compensation claims through ordinary legal channels. Over 3,000 individuals and 889 businesses currently seek damages for lost land and livelihoods linked to the massive infrastructure development.
Why it matters
The ruling underscores the court's insistence that claimants utilize existing legislative remedies rather than seeking direct constitutional intervention. This decision dictates how thousands of affected parties must navigate the legal process to address grievances arising from the dam and tunnel construction.
The Lesotho Highlands Water Project is 56.7 percent complete, with the Polihali Dam reaching 53 percent and the 38-kilometre transfer tunnel hitting 58 percent completion. This project aims to support 6,000 jobs over five years.
The players
Lesotho High Court
This is the superior court of record in Lesotho that holds jurisdiction over complex civil and constitutional matters.
Pemmy Majodina
She is a government minister who conducted an official site visit to the water project in September 2026.
The details
The project transfers water from the Maluti mountains to South Africa's Gauteng province via a series of dams and tunnels. Claimants had requested the High Court sit as a Constitutional Court to expedite their case, but the court held that adequate remedies already exist within the current legal framework.
Timeline
Construction for Phase 1 occurred during the 1990s and 2000s.
The court delivered the judgment in May 2026.
The Polihali dam wall reached 50 percent completion in July 2026.
Minister Pemmy Majodina visited the project site in September 2026.
Political Context
The opposition party and legal advocates argue that requiring standard litigation places an undue burden on displaced communities with limited resources. These groups maintain that a specialized tribunal or direct constitutional oversight is necessary to ensure fair and timely restitution.
Claimants must now dedicate time and financial resources to follow the standard High Court route for their compensation claims. This legal requirement may delay the recovery of lost income for the thousands of individuals and nearly 900 businesses affected by the construction.
The takeaway
Large infrastructure developments often face complex legal hurdles regarding land rights and community displacement. Affected parties should prepare for lengthy judicial processes when pursuing compensation through standard legislative channels.
Further reading
Explore more ongoing developments in Law concerning international infrastructure projects.
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