Data-center law in Lesotho

Land Act, 2010 (Act No. 8 of 2010)

Applies to both

Vests all land in Lesotho in the Basotho Nation, held in trust by the King (s. 4(1)), so no person, foreign or domestic, holds freehold title; instead, the power to allocate land, grant titles, grant or allocate servitudes, and terminate a lease is vested in the King and exercised as the Act provides (s. 7).

An application for allocation of land is made in the prescribed form to the allocating authority having jurisdiction (s. 8), and where a grant or allocation of land is made to a foreign enterprise, the following factors are considered: the magnitude and origin of the tangible and intangible assets, employment generation, the strategic nature of the enterprise, whether the business provides for the transfer of business expertise, advancement of a citizen-owned business undertaking, and environmental protection (s. 6(4)).

A commercial or industrial lease over land subject to a registrable title is governed by section 29 of the Act (s. 17). On and after the Act's commencement, it applies to all land in Lesotho notwithstanding any other written law, except the Constitution (s. 3).

Section 1 provides that the Act comes into operation, in respect of all or any provision, on the date or dates the Minister appoints by Gazette notice, and no such commencement notice has been located, so no commencement day is recorded; the Act's own citation clause names it the "Land Act 2009," though it is gazetted and cited elsewhere, including by FAOLEX, as the Land Act 2010 (Act No. 8 of 2010).

Source: Full text of law

Environment Act, 2008 (Act No. 10 of 2008)

Applies to both

Establishes the National Environment Council and the Department of Environment and, under Part V, requires an environmental impact assessment or project brief for projects and activities specified in Part A of the First Schedule, and a strategic environmental assessment for matters specified in Part B (s. 19).

A developer must submit a project brief to the Director and the relevant Line Ministry before commencing a listed project or activity (s. 20), and no person may operate, execute or carry out a project or activity specified in the First Schedule without an environmental impact assessment licence issued by the Director (s. 25).

The Act binds the State (s. 1(3)), and the Minister may amend the First Schedule by Gazette notice or prescribe by regulation which category of project needs only a project brief versus a full environmental impact assessment study.

Section 1 provides that the Act comes into operation on such date as the Minister may, by Gazette notice, appoint, with different dates possible for different Parts, and no such commencement notice has been located, so no commencement day is recorded even though the Act is the current environmental-protection statute.

Source: Full text of law

Lesotho Electricity Authority Act 2002 (Act No. 12 of 2002), as amended by the Lesotho Electricity Authority (Amendment) Act, 2011 (Act No. 6 of 2011)

Applies to both

Establishes the Lesotho Electricity Authority to regulate the generation, transmission, distribution, supply to premises, and import and export of electricity. The 2011 amendment renamed the Lesotho Electricity and Water Authority, LEWA. Regulated activities under Part IV of the Act require a licence from the Authority, subject to an exemption the Authority may grant to a person who generates, transmits or distributes electricity for their own use.

Section 21(1) sets the Authority's general duties, including promoting the expansion of electricity supply where economic and cost-effective, ensuring a safe, efficient and secure electricity sector, and protecting the interests of consumers.

Section 1 provides that the Act comes into operation on a date the Minister appoints by Gazette notice, and no such commencement notice has been located, so no commencement day is recorded even though the Act, as LEWA's founding legislation, is treated as the current law.

Source: Full text of law