FOURTY-SIX villagers whose properties were seized to pave way for the construction of a dam in Thaba-Tseka are suing the army, two construction joint ventures and the Lesotho Highlands Development Authority (LHDA) for M81.3 million in damages. They told the High Court in Tšifa-li-Mali when they protested by marching peacefully against the LHDA over the seizure of their land, they were met with violence from the army.
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They said they were later arrested by the police and detained “under false charges that plaintiffs were disturbing peace”.
Each of the 46 villagers is claiming M1.5 million while 34 individuals are each claiming a further M362 320.
The two construction joint ventures responding in this case are HSPY Joint Venture and AECOM, which have been contracted to construct a road from Ha-Seshote to Polihali under the LHDA.
HSPY is the actual contractor while AECOM is a consulting firm.
Each villager has sued for M600 000 for “general damages including loss of freedom for malicious arrest and detention”, M900 000 “for torture, shock, pain and suffering”, M450 000 for contumelia,and M200 for medical expenses.
Thirty-four of them are claiming an additional M16 320 as “damages reasonably incurred for food”, M300 000 for special damages for legal costs, and M46 000 for transport while attending remands.
They want 12 percent per annum from the date of issue of summonses to date of payment.
Plaintiffs are members of Liseleng community whose properties and assets have been affected by the construction of Phase 1B of the Lesotho Highlands Water Project which is executed by the LHDA.
The LHDA is building Polihali Dam.
The villagers have applied to the court to give them time to prepare a lawsuit against the police boss.
They told the court in papers that in May 2022 the LHDA and the two joint ventures set the police on them and they “were unlawfully arrested without a warrant” by one police officer called Khahliso Leisanyane.
They said after that the army subjected them “to such inhumane assault, humiliation and torture which took place in public …under the direct supervision and direction” of soldiers stationed at Katse.
“Women and elderly men were forced to roll down the slope like logs of wood into the river together with men and boys in the sight of all the public,” the court papers read.
“As if that was not enough, some of the plaintiffs such as (Realeboha Mopapa Sekonyela) were actually drowned into the Matsoku River and subsequently made to roll (down) the slope in such muddy and wet clothing which thereafter they had to wear for two nights in the police cell.”
The villagers told the court that they were insulted, kicked and beaten on their bare flesh with mabetlela as they rolled down the slope. Their chief was subjected to the same treatment, they said.
“To add salt to the injury, some of the members of the public took video recordings of plaintiffs’ public disgrace and ignominy which was not only shown to the public but went viral on social media and were thus publicised beyond the borders of Lesotho,” the papers read.
The villagers say they were loaded like chaff in a vehicle that belonged to HSPY Joint Venture to Bokong Police Post where they “were maliciously detained into two crammed cells for the whole day and night without water, food or ablution facilities”.
The villagers say they were taken to the Thaba-Tseka Magistrate’s Court where “false charges” were laid against them but the magistrate saw their bruises and ordered that they be seen by a doctor before the case could proceed.
They were treated as outpatients at the Paray and ’Mamohau Hospitals.
“As a result of the said assault, torture and malicious arrest some of the plaintiffs are not able to walk properly and are likely to face heavy future medical expenses.”
The villagers say the case is extremely urgent because the two joint ventures are due to complete their work in August and leave the country, which will place them beyond the court’s jurisdiction.
Caswell Tlali
