The Maseru City Council (MCC) is facing a formal complaint to the Ombudsman for allegedly breaching a M27.3 million contract and withholding M2.73 million in fees from the SSL Joint Venture for critical waste management work at the Tšosane Dumpsite and Tšoeneng Sanitary Landfill.
In a strongly worded letter dated June 8, 2026, Tharollo Chambers, representing the SSL Joint Venture, accused the MCC of “material breach of contract, non-payment, and administrative injustice.”
“The MCC has materially breached the Agreement by: Failing to pay any fees despite delivery of Stage 1,” the letter states.
Stage 1 fees alone total M2,730,345, exactly 10 percent of the M27,303,450 contract value, and were due upon acceptance of the Status Quo Report.
The SSL Joint Venture, comprising SECO, SMEC South Africa, and Land Survey and Engineering, was awarded the contract in November 2025. The Professional Services Agreement was signed by the consultant on December 8, 2025 and by MCC on January 30, 2026.
According to the letter, the consultant submitted the Draft Status Quo Report on February 5, 2026, the Final Status Quo Report on February 23, and a Preliminary Operations Plan, while commencing geotechnical, topographical, water quality, and other investigations.
Despite these deliverables, the lawyers said, MCC has made zero payments.
“The continued non-payment violates Section 13 of the Agreement and constitutes a fundamental breach, undermining the Consultant’s ability to mobilise resources and retain specialist personnel,” the lawyers wrote.
The complaint further alleges MCC failed to respond to submissions within contractual timeframes, approve the Preliminary Operations Addendum, or provide an approved work plan.
A High Court order issued on February 12, 2026, directing the stabilisation and closure of the Tšosane Dumpsite, has added pressure, with the consultant warning that MCC’s delays risk exposing it to reputational harm and possible contempt proceedings.
The SSL Joint Venture is calling on the Ombudsman to investigate, convene a formal hearing, and order the MCC to pay all outstanding fees plus interest, approve the addendum within seven days, and produce a realistic work plan.
The letter was copied to MCC’s Acting Town Clerk, Moea Makhakhe.
The Ombudsman’s office has previously raised alarms about the state of waste management in Lesotho.
In a report released last month, Ombudsman Advocate Tlotliso Polaki warned that the new Tšoeneng site “risks becoming another Tšosane” if not properly managed, cautioning that a focus on “relocating waste” without “properly engineered landfill” solutions would merely “transfer the problem.”
Polaki made it clear that environmental protection is an uncompromisable human rights issue and expressed deep frustration with the persistent inaction of public entities.
“The Ombudsman is hopeful that the MEF (Ministry of Environment and Forestry), MOH (Ministry of Health), and MLGCHAP (Ministry of Local Government, Chieftainship, Home Affairs and Police) will use this report not as a criticism, but as a roadmap for urgent intervention,” Polaki stated.
She added: “The full and good-faith implementation of these recommendations is essential to halt further degradation and to ensure an improved adherence to minimum standards in the management of waste in the Kingdom of Lesotho, for the benefit of both present and future generations.”
Polaki further admonished local authorities for hiding behind administrative excuses.
“It became evident during the course of these inspections that the importance of effective waste management operations is being undermined by many local authorities, with various reasons cited, including budgetary constraints, lack of skilled personnel, and the absence of heavy machinery. However, these challenges must be overcome through sound economic planning, prioritization, and a renewed commitment to environmental governance,” she said.
The report concluded that the state has directly failed to uphold Section 27 of the Constitution of Lesotho, which requires the government to promote environmental hygiene and actively prevent endemic and epidemic diseases.
Summary
- The SSL Joint Venture is calling on the Ombudsman to investigate, convene a formal hearing, and order the MCC to pay all outstanding fees plus interest, approve the addendum within seven days, and produce a realistic work plan.
- “The Ombudsman is hopeful that the MEF (Ministry of Environment and Forestry), MOH (Ministry of Health), and MLGCHAP (Ministry of Local Government, Chieftainship, Home Affairs and Police) will use this report not as a criticism, but as a roadmap for urgent intervention,” Polaki stated.
- “The full and good-faith implementation of these recommendations is essential to halt further degradation and to ensure an improved adherence to minimum standards in the management of waste in the Kingdom of Lesotho, for the benefit of both present and future generations.
Ntsoaki Motaung is an award-winning health journalist from Lesotho, specializing in community health stories with a focus on sexual and reproductive health and rights, as well as HIV. She has contributed to platforms like “Be in the KNOW,” highlighting issues such as the exclusion of people with disabilities from HIV prevention efforts in Lesotho.
In addition to her journalism, Ntsoaki serves as the Country Coordinator for the Regional Media Action Plan Support Network (REMAPSEN). She is also a 2023 CPHIA Journalism Fellow.
