Residents of Ha Tšosane on the outskirts of Maseru have challenged Attorney General, Advocate Rapelang Motsieloa, to pronounce his position in a case in which they want the constitutional court to declare that Maseru City Council (MCC)’s dumping of garbage in their area a violation of their rights to well-being, safety, and health.
The call follows a constitutional case instituted by the residents on an urgent basis in August 2022.
The MCC, Golden Rewards (Pty) Ltd, a company managing the dump site, the ministries of health, tourism, environment and culture, local government and chieftainship, law and constitutional affair, and the AG are the respondents in the application.
The residents had asked that the conduct of the MCC be declared unreasonable, unjustified and null and void.
In their prayers, the residents had further asked the court to issue an order evicting the MCC from Ha Tšosane dump pollutants in an environmentally friendly manner.
They had also sought that the council be directed to clean-up the dumping area and leave it in an environmentally friendly condition.
However, the court had failed to finalise the case as it sort to hear from the AG as to the tenability and or otherwise of the reliefs sought by the residents.
The court had even gone to the extent of issuing a directive to the AG to appear before court to make representations before judgment, but to no avail.
The matter is set down for open hearing on October 23, 2024.
After years of waiting for justice and facing prolonged stalemate in the legal proceedings, the residents now insist that Adv Motsieloa should take a stance and declare his position in the case without further delay.
In a letter dated August 19, through their lawyer, Advocate Fusi Sehapi, the residents asked Adv Motsieloa to file his explanatory affidavit explaining his position as requested by the court in the case and if possible, air his opinion in court.
The residents still maintain the matter was urgent as it violates their right to health as a standalone right and or as an incident of the right to life and dignity protected in Section 5 and 8 of the Lesotho Constitution, 1993.
They submit that the right to a healthy and dignified environment was realised by Section 4 of the Environment Act, 2008 which confers locus standi on any person (public) to seek relief meant to protect the environment itself and/or the right to a beautiful, clean and healthy environment as a justiciable right.
They further contend that every person living in Lesotho has a right to a scenic, clean and healthy environment and that, every person may, where such right is threatened as a result of an activity or omission which is causing or likely to cause harm to health or environment, bring action against the person whose activity or omission is causing or likely to cause harm to human health or the environment.
The residents further seek a declaratory that the Constitutional Court had and exclusive jurisdiction to hear their application.
They want the respondents directed to discontinue the activity of transporting and dumping pollutants Ha-Tšosane with immediate effect.
They also want the state to be directed to ascertain possible victims of prolonged exposure to contaminated air, water and soil and ensure adequate compensations/damages as well as free basic health care for short- and long-term health impacts;
Moreover, they want the central government of Lesotho, through relevant ministries, ordered to provide funding to rehabilitate the Ha-Tšosane dumpsite and for construction of a healthy, safe and properly engineered Waste Containment Facility at Tšoeneng as soon as is reasonably possible (forthwith).
“That the respondents should involve, consult, inform and engage the residents through their Chief and due representatives at all stages of implementation of the orders to be issued herein.
“That the Court should retain ongoing jurisdiction and parties or their legal representatives should come back to Court after every three (3) months of issuance of this order to report orally or via affidavits on the extent of their progress, compliance and effective implementation of orders issued herein.
“That there be no order as to payment of costs,” the residents had sought as part of their reliefs from the court against the government.
Minister of local government, chieftainship, home affairs and police, Lebona Lephema, on April 16 told the parliamentary committee on law and public safety cluster that the government was in the process of hiring a local company to set up a landfill at Tšoeneng.
Contacted for comment last week, MCC public relations manager, ‘Makatleho Mosala, said there was no progress made to pave away for the landfill strategy.
However, theReporter has it on good authority that the government has pulled the plug on plans to relocate the obnoxious Ha Tšosane dumpsite to Tšoeneng in Rothe constituency.
It has instead opted to do a landfill, which has waste management facilities that help prevent leakage of toxics from the site into the environment.
Also, relocating the dumpsite would have been expensive since it would entail carrying the rubbish to a new area.
This decision was made in a joint meeting of various stakeholders including the ministry of local government, MCC, the Rothe community interim committee and the member of parliament for Rothe, Lebohang Phohleli in June this year.
In a recent interview with this publication, Rothe MP, Lebohang Phohleli, said the community were rightfully worried about potential negative impact on their health and environmental if the waste was relocated to their area.
He noted that while the community recognises the need for proper waste management, they were adamant about not accepting the waste from Ha Tšosane.
Phohleli also indicated that accepting only new waste could actually benefit the community in several ways including job creation and recycling of waste.
“Our stance is that we will only accept new waste not that which has already been accumulating at another area for years. Such waste has already created a hazard that must be dealt with carefully and responsibly.
“The waste poses a significant health risk and we would not accept the transfer of that to our community. Taking in new waste would create job opportunities for our people as they can be employed to sift through the waste, for recycling purposes.
“This will not only generate income for our residents but also support the nation’s economy. We see this as a win-win situation that will address our concerns while providing economic benefits,” Phohleli noted.
Environmental health specialist, Mahlomola Sesenyi has however, warned that while the new landfill strategy was considered a positive move by the government and other stakeholders, the situation must be closely monitored to ensure that it does not create further problems.
He cautioned the government to ensure that the landfill is properly designed, operated and monitored to avoid any adverse consequences.
“Landfilling is a better option than relocating the waste but it is important that the process is properly managed with utmost care. That can mitigate negative impacts on the community.
“A well-managed landfill can minimize risks to human health and the environment if it is done right. The landfill’s leachate can seep into ground water and soil, thereby contaminating drinking water sources and agricultural lands.
“This could lead to serious health issues including cancers and neurological problems. Secondly, if the waste is not contained properly, it could release harmful gases like methane, carbon dioxide and hydrogen sulphide which can cause respiratory issues and even death in high concentrations,” Sesenyi noted.
