AN EVALUATION OF LESOTHO’S RIGHT TO “EXPROPRIATE” THE WATER IN THE TREATY ON THE LESOTHO HIGHLANDS WATER PROJECT IN A “CONFLICT OF USES”*

This article explores the contemporary spectre of “expropriation” within framework Treaty on Lesotho Highlands Water Project (LHWP). The LHWP is an enigma in both its scope and practical application since it governed by two apparently complementary treaties, seemingly incorporates domestic laws South Africa Lesotho. compounded contradictory legislation that has been promulgated prioritises water uses despite entrenched provisions regime supply to Africa. uncertainty significant implications for a “conflict uses” may trigger expropriation bid unmasks possible response legal Lesotho’s right “expropriate” light this ambiguous confounding framework.