Moleko Appoints New Chief Delegate Maliciously

The Ministry of Natural Resources in Lesotho has announced the appointment of Mr. Mafiroane Edmond Motanyane as the new GOL Chief Delegate for the Lesotho Highlands Water Project, effective from the 19th of March, 2024. This decision follows the official communication to the Minister of Water and Sanitation in South Africa, Honourable Senzo Mchunu, in a letter dated 19th February, 2024.

The appointment of Mr. Motanyane aligns with Article 9(2) of the Lesotho Highlands Water Project Treaty signed in October 1986. The government expressed confidence in Mr. Motanyane’s ability to lead effectively and address the challenges currently facing the project. These challenges include limited local participation from both Lesotho and South Africa, delays in project timelines, and subpar performance by various stakeholders.

Mr. Motanyane’s leadership is expected to bring a renewed focus to the project, ensuring that it meets its objectives efficiently and effectively. The government looks forward to working closely with Mr. Motanyane and all stakeholders to overcome the challenges and achieve the desired outcomes of the Lesotho Highlands Water Project.

However, the current chief delegate, Themba Sopeng, has filed an urgent court application seeking both interim and substantive relief. The relief sought includes:

Interim Relief:

1. DISPENSING with the ordinary rules of court pertaining to forms, modes, and periods of service on account of the urgency hereof.

2. Giving DIRECTIVES as to timelines and filing of papers in the matter.

3. DIRECTING the Respondents to DISPATCH within 14 days of the filing of the Notice of Motion in Court such record of proceedings forming the basis and background for the decision herein impugned and any reasons which the Respondents may wish to give.

4. A RULE NIST issue, returnable on such date and time as the Honourable Court may determine, calling upon the Respondents to show cause, if any, why prayers in Part B of the Notice of Motion shall not be granted and made final.

5. PRAYERS 1.1.; 1.2.; 1.3.; and 1.4., inclusive, to operate with immediate effect as INTERIM RELIEF.

Substantive Relief:

1. DECLARING the Applicant was entitled to be the Chief Delegate of the Lesotho Delegation in the Lesotho Highlands Water Commission until April 2025 until otherwise lawfully terminated.

2. REVIEWING the decision of the Respondents to terminate the appointment of the Applicant as the Chief Delegate of the Lesotho Delegation in the Lesotho Highlands Water Commission, and appointing another person in that position, as illegal and unlawful.

3. DIRECTING the Respondents to pay to the Applicant, within 45 days of the Final Order of the Honourable Court, and subject to lawful deductions, M10,605,735.60 damages ex contractus, consisting of the following:

4. INTEREST at the rate of 10% per annum.

Lesotho Tribune asked questions to both Minister of Natural Resources and Principal Secretary of the same ministry but they were yet to respond on publication of this article.