Lesotho, often hailed as the “Kingdom in the Sky,” has long been revered for its abundant water resources—so much so that it was believed water would be its greatest economic asset.
Yet, decades after the signing of the Lesotho Highlands Water Project (LHWP) treaty, the reality facing Basotho is starkly different from those early promises. The recent legal challenge questioning the constitutionality of this treaty is more than just a court case, it is a moment of reckoning for a nation struggling to balance sovereignty, economic gain, and the fundamental right to water.
When the LHWP was first conceived, it was envisioned as a landmark agreement that would benefit both Lesotho and South Africa. Lesotho would supply South Africa with water, earning much-needed revenue, while also improving its own water infrastructure and energy supply.
However, as the years have passed, many Basotho have come to view the treaty not as a triumph, but as a one-sided deal that has left them burdened with water shortages, energy crises, and growing inequality.
The case filed at the High Court yesterday raises critical questions: Has Lesotho truly benefited from the LHWP, or has it been shortchanged? Should international agreements be upheld even when they appear to work against national interests?
Most importantly, does this treaty align with Lesotho’s constitutional obligation to protect the welfare of its people?
Reports supported by the Pulitzer Centre and referenced by the Applicants highlight the severity of the crisis. Droughts have significantly reduced water levels at Katse and Mohale Dams, limiting Lesotho’s ability to generate hydroelectric power while also struggling to meet the treaty’s obligations to supply water to South Africa.
Meanwhile, towns and villages across Lesotho, including Mafeteng, have endured chronic water shortages for over a decade, an unacceptable contradiction for a country exporting millions of cubic meters of water annually.
This crisis exposes a broader issue: the failure of successive governments to prioritise Lesotho’s own water security. The expectation that Basotho would enjoy lower water and electricity costs due to the LHWP has not materialised.
Instead, many struggle to afford basic utilities, while the benefits of the project seem disproportionately skewed in favour of South Africa.
This legal challenge is not just about the LHWP, it is about governance, accountability, and the right of a nation to question agreements that may no longer serve its best interests.
If the treaty is found to be unconstitutional, it could set a powerful precedent for renegotiating international agreements that undermine national sovereignty. However, if it is upheld without revision, it will cement a legacy of misplaced priorities and unfulfilled promises.
As the court deliberates, the government must reflect on its duty to the people. The LHWP was meant to be a cornerstone of Lesotho’s economic and infrastructural development. If it has instead become a source of hardship, then urgent reforms are necessary to ensure that Lesotho’s natural resources serve its citizens first and foremost.
The time has come for an honest, fearless conversation about Lesotho’s water sovereignty. The people deserve answers, and more importantly, they deserve solutions. The LHWP cannot continue to be a symbol of lost opportunity, it must be redefined as a project that truly benefits all Basotho.
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