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Update on Lesotho Highlands Water Project - February 2016

Many of the poorest communities in Lesotho have been resettled, in the wake of the massive ‘Lesotho Highlands Water Project’, which is a multiyear infrastructure construction of a series of dams and transfer tunnels, taking water from the mountains of Lesotho, and tunnelling it down to South Africa, who pay a healthy price for it, and thus contribute substantially to the Lesotho economy. In July last year, a tiny community in the mountains of Lesotho finally brought the Lesotho Highlands Development Authority (LHDA) to the Commercial Court in Maseru, after years of prevaricating battles, including preliminary applications, obfuscation, delays, failed attempts to settle, and a range of other

Enforcement against assets held in discretionary trusts

Can I enforce my judgment against assets held in a discretionary trust? Can I freeze such assets before judgment? Introduction Litigators will be familiar with the phenomenon of a defendant, or judgment debtor, who maintains an apparently affluent lifestyle while simultaneously asserting that they have no assets against which judgment could ever be enforced. This paradoxical state of affairs (which is highly convenient for a judgment debtor) will often be the effect of a simple cause - the existence of a discretionary trust. This is because the beneficiary of a discretionary fund has no interest in the trust fund itself. The beneficiary can plausibly maintain that, no matter how generous the

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