THE OMBUDSMAN HOLDS A PUBLIC INQUIRY

 

In the past few months the Office of the Ombudsman received many complaints from the people who, in one way or another, were affected by the construction of the Mohale Dam and the Maseru-Mohale Dam Road by the Lesotho Highlands Development Authority (LHDA).  The complaints included problems with compensation, problems with houses for those who have been resettled, lack of services (e.g. proper water supply) etc. in the places of relocation.

 

Because of the large number of complaints that are basically related and against one entity, LHDA, the Ombudsman decided to hold a Public Inquiry that would cover all the complaints.  The complainants would present their complaints before the Ombudsman in the presence of the officials of L.H.D.A, the press and the general public. LHDA would put to witnesses such questions as it might wish to put in order to challenge the testimony or to set the record straight.

 

 After these presentations, the L.H.D.A. would be given a chance to respond to the allegations.  In the same manner, at the end of LHDA’s main evidence, the complainants would cross-examine LHDA’s witnesses.

 

Other stakeholders such as Chiefs and Non-governmental Organizations would also have a chance to make their own presentations, at the end of which the Ombudsman would make a report with observations and recommendations for public consumption.

 

 The Public Inquiry began on February 18, 2003 and is being conducted at the Convention Center in Maseru and at Molengoane Lodge at Ha Molengoane.  It covers affected people both in the lowlands and the foothills of the Maseru district from the following villages:-

  Lowlands:

Ha Thetsane                    Ha Makhalanyane

Ha Matala                       Ha Mosalla

Ha Tsolo                        Lihaseng and

Makhoakhoeng                Thuathe

  Foothills:

Ha Makotoko        Ha Mosuoe

Ha Nkhema           Nazareth

Ha Nqheku            Ha Ralejoe

Ha Mpiti                Ha Sekete

Ha Ntsi                  Ha Seoehlana

Ha Ratau               Ha Molengoane

Ha Makhale           Ha Lesaoana/ Ha Makhabane

Ha Moji                          Setibing

 

The Ombudsman and his staff also had an opportunity to visit some of these villages and witness first hand some of the complaints presented to him by the complainants.

 

  The Inquiry has so far been very successful as many of the problems/complaints have already been taken care of by LHDA and for most other complaints the Authority is actively taking steps to attend to them.

 

  The office of the Ombudsman receives and investigates many complaints on a daily basis.  The procedure followed in such cases is an informal one where a complaint is sent to the agency complained about with a request for the agency to comment on or reply to the complaint.  If the complaint has substance, the Ombudsman sustains it and makes recommendations on the remedial action to be taken.

 

  For the first time in the history of this office, which spans a period of ten years, the Ombudsman has instituted a formal inquiry conducted in public with the general public having the right to attend and hear the evidence given and the press the right to cover the proceedings live.

 

  Another important feature of this Inquiry is that the Ombudsman has had to invoke his powers to issue a restraining order pending the outcome of the Inquiry.  Southern Sky (Pty) Ltd. has been ordered not to carry out blasting operations at Ha Ntsi until June 2003 when the report on the Inquiry is expected to have been completed.  This extraordinary power has never been exercised before.

8th April 2003

 

SOURCE: OFFICE OF THE OMBUDSMAN  2ND FLOOR MOPOSO HOUSE  Tel : +266 22 316425  Fax : +266 22 310672