Maseru, Jun.14 — The High Court is on Monday expected to deliver a highly anticipated judgment by electricity users who want to know if they have been paying illegal fees for their electricity since 2024 following tariff increase for the financial years 2024/2025 and2025/2026.
The judgment results from a move by the Advocates for the Supremacy of the Constitution (SECTION 2) which instituted legal action against the Lesotho Electricity and Water Authority (LEWA) and the Lesotho Electricity Company (LEC).
They challenged the 2024 electricity tariffs increase and through their lawyer Advocate Fusi Sehapi argued that the decision to increase the tariffs was unlawful, irrational and drastic.
They added that LEWA relied on outdated financial statements when they made the
decision to increase the tariffs in March 2024. They further 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, their 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 representing 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 He argued that an argument by the applicant that LEWA relied on outdated financial statements should not be accepted as it is not supported by the law and facts.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.
Ends/SM
