1. RATIFICATION OF THE LHWP II AGREEMENT Select Committee on Land and Environmental Affairs 23 October 2012 1

2. OUTLINE 1. Background 2. Main Objective 3. Strategic focus 4. Current Status 5. Ratification 2

3. BACKGROUND In August 2011 the Government of the Republic of South Africa and the Government of the Kingdom of Lesotho signed the LHWP Phase II Agreement. The LHWP is a joint project between the Republic of South Africa and the Kingdom of Lesotho implemented in accordance with the provisions of the Treaty signed in 1986. 3

4. MAIN OBJECTIVES The purpose is to enhance the use of the water of the Senqu / Orange River by storing, regulating, diverting and controlling the flow of the shared river in order to affect the delivery of specified quantities of water to South Africa. 4

5. MAIN OBJECTIVES The delivery system can also be used to generate hydro-electric power in Lesotho. South Africa is responsible for the cost to establish and manage the water transfer components of the LHWP, i.e., the Katse and Mohale storage dams and the connecting tunnels (124 km long) which was completed as Phase I of the LHWP in 2004. 5

6. MAIN OBJECTIVES The main purpose of LHWP Phase II Agreement is to augment the original treaty and address specific issues related to the operation and implementation of Phase II. 6

7. STRATEGIC FOCUS The conclusion of this agreement in 2011 is another step in the direction of fostering closer co-operation between and amongst the relevant SADC states with a view to advancing the SADC agenda of regional integration and poverty alleviation as articulated in Article 2 of the Revised SADC Protocol on Shared Watercourses. 7

8. STRATEGIC FOCUS The objective is to strengthen the regional integration by using water as a catalyst for socio- economic development, as well as to advance economic links with key African partners. The nature of the cooperation is aimed at mutual development of the South African and Lesotho water sectors, as a foundation for a modernized integrated economy. 8

9. STRATEGIC FOCUS Bilateral cooperation can cement political and strategic relations that can lead to more coordinated strategies in various multilateral environments such as SADC, African Union and the United Nations. This cooperation further embodies the NEPAD principles for development and Africa aspirations for its own Renaissance. 9

10. CURRENT STATUS –Section 231(2) of the Constitution provides that : An international agreement binds the Republic only after it has been approved by resolution in both the National Assembly and National Council of Provinces, unless it is an agreement of a technical administrative or executive nature or an agreement which does not require either ratification or accession – In terms of the Manual on Executive Acts of the President of the Republic of South Africa, para 5.8, Cabinet must consent to the submission of the agreement to Parliament, for the purpose of ratification or accession. 10

11. RATIFICATION Before signing the Agreement by the two countries, the Department of Water Affairs received the assurance from the Office of the Chief State Law Advisers of the Department of International Relations and the Department of Justice that the agreement was not in conflict international law and domestic law. 11

12. RATIFICATION As per Cabinet resolution, the Minister of Water and Environmental Affairs has tabled the Lesotho Highlands Water Project (LHWP) Phase II agreement to Parliament for ratification (Both to Speaker of the National Assembly and the Chairperson of the NCOP). 12

13. THANK YOU 13