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Legal Framework
Rules and Regulations

Legal Framework


In terms of the legal and regulatory framework that is pertinent for the Electricity Supply Industry (ESI) and the Urban Water and Sewerage (UWSS) services sub-sector the following aspects must be noted:

The Government establishes the Policy frameworks for both the ESI and UWSS taking account of national interests and imperatives. For example in the ESI the 2015 Lesotho Energy Policy defines the development goals, while the 2007 Water and Sanitation Policy has been developed for the UWSS;

The Legislation sets out the Government’s policies for the electricity and urban water and sewerage sector in laws, creates both the ESI and UWSS industry structure, sets out ‘the rules of the game’ and establishes and empowers LEWA. The founding legislation is the Lesotho Electricity Authority Act No.12 of 2002, as amended;

Regulations are issued by the Minister of Energy, Meteorology and the Minister of Water in support of objectives set out in the Act. For a complete list of developed Regulations click here (link to lead to page http://www.lewa.org.ls/legislation/Regulations.php)

LEWA is established in terms of LEA Act no.12 of 2002 as amended to regulate the ESI and UWSS;

Licences are issued to all regulated entities in the electricity and urban water and sewerage services by LEWA. Except where the Authority issues an exemption all regulated entities must; and

Rules, Directives and Guidelines are issued by LEWA to provide guidance to the electricity industry and urban water and sewerage sub-sector and define compliance standards. For a complete list of developed Rules click here (link to lead to page http://www.lewa.org.ls/legislation/Regulations.php

The general duties of the LEWA as set out in section 21(1) of the Lesotho Electricity Authority Act, 2002 (LEWA Act) as follows:

Promote the expansion of electricity supply in Lesotho, where this is economic and cost-effective
Ensure the operation and development of a safe, efficient and economic electricity sector in Lesotho
Ensure the security of the supply of electricity in Lesotho

Ensure the promotion of sustainable and fair competition in the electricity sector where it is efficient to do so

Protect the interests of all classes of consumers of electricity as to the terms and conditions and price of supply

Ensure, so far as it is practical to do so, the continued availability of electricity for use in public hospitals, and centers for the disabled, aged and sick
Ensure the availability of health and safety guidance in relation to electricity supply to the public
Ensure the financial viability of efficient regulated electricity undertakings

Ensure the collection, publication and dissemination of information relating to standards of performance by licensed operators and on the electricity sector in Lesotho for use by the industry, consumers and prospective investors

Participate, in consultation with the Minister, in regional and international matters relating to the regulation of electricity in Lesotho

Develop annual supply targets for the purpose of ensuring that such services are accessible to the widest number of electricity users

In exercising these duties, the LEWA must have due regard to environmental considerations, the interests of persons whose lives may be endangered by the lack of electricity, and developments in respect of regional co-operation in the Southern African Development Community (SADC) countries.

The LEWA Act also lists a number of general functions of the LEWA, including reviewing the provision of electricity supply in Lesotho; issuing and enforcing licences; establishing technical standards, reviewing and monitoring safety standards; implementing customer care standards; and regulating prices charged to consumers of electricity.

Year Act Format
2008 Lesotho Water Act No. 15 of 2008
2011 LEA Amendment Act 2011
2006 LEA Amendment Act 2006
2002 LEA Act 2002

In the electricity sector regulated activities are:

Generation of electricity;
Transmission of electricity;
Distribution of electricity;
Supply of electricity to premises; and
Import and export of electricity

In 2011 the LEA Act was amended to enable the Authority to have regulatory powers over the urban water and sewerage services with the functions and duties to a great extent remaining the same.

With regard to the urban water and sewerage services sub-sector the following are regulated activities:

Water treatment and production;
Transmission of water;
Distribution of water by reticulation system;
Supply of water to premises;
Storage of water for purposes of treatment, distribution or onwards supply;

Delivery of water to main pipes where the water so delivered is not produced by the licenced operator; and
Treatment and disposal of waste water by sewerage system.


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