Maseru, Apr. 21—- A lawyer representing Advocates for the Supremacy of the Constitution (SECTION 2), in a review application before the High Court, which is challenging the 2024 electricity tariffs increase, Advocate Fusi Sehapi, says the increase was unlawful therefore should be declared as such.
In his arguments before the High Court, he stated that the Lesotho Electricity and Water Authority (LEWA) relied on outdated financial statements when they made a decision to approve a request by the Lesotho Electricity Company (LEC) to increase the tariffs in March 2024. He emphasised that the decision was thus irrational and drastic.
He added that, as the representative of the public, the applicant (SECTION 2) ought to have been consulted before the decision was made.
When asked if the case is not mute as the tariffs challenged are for the 2024/2025 and 2025/2026 financial years, the lawyer argued that it is not mute as the tariffs are still applicable. He indicated that the increase should be reviewed and set aside adding that the public should be reimbursed.
Adv. Kabelo Letuka, who is for LEWA in the matter, stated that the Authority acted in compliance with the law when they approved the request to increase the tariffs. He argued that an argument by the applicant that LEWA relied on outdated financial statements should not be accepted as it is not supported by the law and facts.
The case was on March 28 2024 instituted in the Commercial Court but the same court declined jurisdiction and transferred the matter to the High Court for hearing.
The case is before Justice Polo Banyane.
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