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 https://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 https://www.lewa.org.ls/legislation/Regulations.php
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.
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.
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.