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IN
LESOTHO
The ABC of Doing
Business in Lesotho
2
INVESTING IN LESOTHO
1. INTRODUCTION
The document provides critical basic issues about doing business in
Lesotho. It is intended to guide investors who wish to investigate investment
opportunities, incentives and investment climate in the country. The
Lesotho National Development Corporation is the first point of contact for
investors who intend to set up projects in the manufacturing and
commercial sectors as well as in related support services sectors in Lesotho.
1.1 INCENTIVES
Tax Rates
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Lesotho. The things that the LNDC will do for potential investors
includes:
• Getting a Business Started
o Reserve a company name
o Registering a company
o Getting a manufacturing license
o Registering for tax
• Immigration Issues
o Visitors visas
o Work permits
o Residence permits
o 6 month border concessions (Lesotho)
• Connecting to Utilities
o Electricity
o Water
o Telecommunications
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Step 3: Pay statutory stamp duty upon having been
advised that a company name has been
reserved;
Step 4: Certificate issued that specifies company name
that has been reserved.
2.1.4 Required Information/Documentation
An applicant must submit at least 3 proposed company
names in order of preference. An application form must be
completed (see Annex “A”).
2.2.3 Process
Step 1: Preparation of Memorandum and Articles of
Association;
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Step 2: Submit same to the Registrar of Companies who
is located in the Ministry of
Law, Constitutional & Parliamentary Affairs
Step 3: Pay stamp duties upon being advised that the
application has been
successful
Step 4: Certificate of Incorporation is issued
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2.3 GETTING A MANUFACTURING LICENSE
2.3.1 Why
A manufacturing license gives a company legal authority to
commence manufacturing operations
2.3.2 Legislation
Industrial License Act (1969); and Pioneer Industries
Encouraging Act (1969)
2.3.3 Process
Step 1: Complete an application form
Step 2: Pay the statutory application processing fee
Step 3: Submit application to the Director of Industry who
is located in the Ministry of
Trade & Industry, Co-operatives and Marketing
Step 4: Applicants will be expected to appear before the
Pioneer industries Board
(PIB) in order to motivate the application and answer
any questions
Step 5: Pay the statutory annual license fee if the
application is successful
Step 6: Manufacturing License is issued
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2.3.5 Statutory Fees Payable
Application processing fee of M50.00; an annual fee of
M1000.00.
2.4.1 Why
All businesses have to register as taxpayers
2.4.2 Legislation
Income Tax Act ([1993], as amended by Act No 2. [1994]; No 10.
[1996]; No 11. [2000]);
Value Added Tax Act ([2001], as amended by Act No 6. [2003])
2.4.3 Process
Step 1: Complete an application form
Step 2: Submit application to the Advise Centre Office of the
Lesotho Revenue Authority
(LRA)
Step 3: Corporate Tax Clearance Certificate is issued
Pay-as-you-Earn (PAYE)
a completed “Employer’s Registration Form” (see Annex
“D2”)
certified copies of the Memorandum of Association, the
Articles of Association, the Certificate of Incorporation;
Manufacturing License;
certified copies of each directors’ identification documents
/passport;
banking details (for local bank);
a list of all employees, including part-time, casuals,
labourers, and temporary staff;
Resolution letter.
2.5.1 Why
Applicants will need to register should they wish to import
and export into and from the Southern African Customs Union
(SACU).
2.5.2 Legislation
Customs & Excise Act (1982)
2.5.3 Process
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Step 1: Complete an application form (see Annex “E”);
Step 2: Submit application to the Director of Trade who is
located in the Ministry of Trade & Industry, Co-
operatives and Marketing
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ANNEX 1
LESOTHO’S MINIMUM WAGES1
1 October 2009 to 30 September 2010
Construction
B.1. Construction machine operator and certificated 1744.00 413.00 106.00
(Bricklayer, Carpenter , Steel fixer, welder, Electrician,
Plumber) <12 months service with same employer
B.2. Construction worker(unskilled) 990.00 249.00 52.00
B.3. Construction machine operator and certificated 1981.00 469.00 121.00
(Bricklayer, Carpenter , Steel fixer, welder, Electrician,
Plumber) >12 months service with same employer
B.4. Construction worker(unskilled)>12 1124.00 282.00 59.00
Service Sector
F.1. Security
F.1.1. Security guard – trainee (with <12 months service with 908.00 232.00 48.00
same employer)
F.1.2. Security guard – trained (with >12 months service with 1136.00 290.00 66.00
same employer)
F.2. Funeral parlour
F.2.1. Employees with <12 months service with same employer 1055.00 263.00 56.00
F.2.2. Employees with >12 months service with same employer 1118.00 281.00 70.00
F.3. Cleaning Services
1
The currency in Lesotho is the Loti (plural “Maloti” – symbol “M”). The Loti is tied to the South African Rand at par 1:1.
13
F.3.1. Employees with <12 months service with same employer 1055.00 263.00 56.00
F.3.2. Employees with >12 months service with same employer 1118.00 281.00 70.00
Transport Sector
F.4.1 B/EB/C1 (with <12 months service with same 1107.00 275.00 68.00
C/EC1 employer) 1213.00 304.00 75.00
EC 1550.00 387.00 97.00
F.4.2. B/EB/C1 (with >12 months service with same 1229.00 308.00 77.00
C/EC1 employer) 1346.00 338.00 83.00
EC 1723.00 431.00 107.00
F.4.3. Certified auto-electrician, motor mechanic, panel beater
Employees with <12 months service with same employer 1756.00 415.00 96.00
Employees with >12 months service with same employer 1885.00 446.00 103.00
G. Small Business
G.1 Employees with <12 months service with same employer 585.00 145.00 31.00
G.2 Employees with >12 months service with same employer 640.00 189.00 35.00
H. Domestic Worker
H.1. Employees with <12 months service with same employer 313.00 82.00 20.00
H.2. Employees with >12 months service with same employer 345.00 91.00 22.00
Source: Labour Code Wages (amendment) Order 2009 (Legal Notice No. 179; Govt. Gazette number 78 of 18th November 2009).
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LESOTHO’S BASIC CONDITIONS OF EMPLOYMENT
Issue Summary Labour
Code
Ref.
Core
- Prohibited : concerning race, colour, sex, marital status, s5; s200
discriminat religion, political opinion, national extraction
ion
- freedom Employers & employees allowed to join trade union and/or s6
association employer organisation of their own choice
- forced Prohibited s3; s7
labour
- child Illegal to employ anyone under age of 15. Certain limitations s3; s124 –
labour on employment of young persons (under 18) 129
Wages
Normal Minimum wages: i. trainee general worker M763.00 per month; Labour
ii. trained textile machine operator M821.00 per month; iii. Code
Trainee textile machine operator M763.00 per month [wef :1 Wages
Oct. 2009] Order
2009
- overtime Normal rates x 1.25 (Monday-Friday). For work on rest days s118
rates (normally Saturday & Sunday) double wage rate for those that
work a normal work week
- piece rate Permitted
& bonus
- 2 weeks pay for each year of completed service with same s79
terminatio employer. Benefit not paid when worker is fairly dismissed for
n benefits misconduct. Terminal benefits paid include pro-rata leave &
notice pay
Working
Hours
- normal 45 hours per week (maximum for 5 day a week worker is 9 hrs s117 –
per day; maximum for 6 day a week worker is 8hrs per day for 118
5 days, and 5 hours on 1 day)
- overtime Maximum overtime allowed 11 hours per week. Exemptions s118
under special circumstances.
- night Allowed. Payment set by firm & employee/union agreement; s3; s130 –
work failing which rates set by Minister 131
Issue Summary Labour
Code
Ref.
Employers required to provide (but reasonable cost can be
charged to worker) transport to and from work (to the nearest
place within 10km radius of the employees’ place of
employment) for workers working between 8 p.m. and 5 a.m.
Leave
- annual 12 days paid leave (i.e. 1 days paid leave for each month of s120
service with the same employer)
- pubic 11 paid days per annum. Public holidays on falling on Sunday s121
holidays do not carry over to Monday
- sick 1st 6 months of employment all sick leave unpaid s123
2nd 6 months of employment with same employer (12 days paid
leave)
After 1 year with same employer 12 days sick leave on full pay;
thereafter sick leave for up to 24 days (on half pay) for each
period of 12 months continuous service
- maternity 6 weeks prior to birth; and 6 weeks after birth. Employees with s119(5);
1 year continuous service with the same employer shall be s133 –
paid 2 weeks maternity pay limited to two confinements 137
Employers & employees to agree on paid 1 hour per day baby Labour
feeding arrangements for 6 months Code
wages
Order
2005
- Employees allowed reasonable paid time-off for training (incl. s122
educationa shop-steward training)
l leave
Probation
- probation Probation is for a period not exceeding 4 months S75
General
Other No training levy(firms earning DCC to contribute 3% of payroll
for training); no annual bonus, medical or retirement fund
contributions; employers must take out an insurance policy to
cover injuries arising out of industrial accidents (about0.3% of
payroll); wages can be paid by electronic transfer
16
Lesotho’s Commercial and Industrial Electricity Tariffs effective 1st May
2009
ENERGY CHARGES
Customer Categories Energy Charge (M/kWh)
Industrial HV 0.1160
Industrial LV 0.1254
Commercial HV 0.1160
Commercial LV 0.1254
General Purpose 0.7580
Domestic 0.6680
MAXIMUM DEMAND CHARGES
Customer Categories MD Charge (M/kWA)
Industrial HV 129.3606
Industrial LV 140.8179
Commercial HV 129.3606
Commercial LV 140.8179
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Septic tanks, conservancy tanks, VIPs where there is sewer reticulated areas
M385.00 per load
WASA has assumed that water returned to sewers is 85% of kiloliters billed.
Domestic Customers
18
LNDC FACTORY SHELLS: TYPICAL SPECIFICATION
Structural Frame Portal or propped portal steel frame primed and coated in
gloss enamel.
Side Cladding “Plain galvanized” IBR with steel windows burglar proofed
to ventilators only.
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Plumbing & Sanitary Stainless steel fittings in workers toilets. Vitreous china
fittings and hot water plumbing to senior staff toilets. Under
sink hot water geyser to kitchenette and senior staff toilets.
Industrial-type toilet roll holders.
Water Supply Main incoming 50mm galv. iron; 5000 litre elevated emergency
storage tank in certain areas to ablution only.
Perimeter Fencing Galv., welded mesh 2.1m high min; capped round posts
and y-standards.
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21
PRINCIPAL ORGANISATION ACTIVE IN INDUSTRIAL DEVELOPMENT
Contact Details
Physical Address : 9th Floor, Block A, Development House, Kingsway, Maseru,
Lesotho
Post : Private Bag A96, Maseru 100, Lesotho
Tel : +266 22312012 Fax: +266 22310038
E-mail : info@lndc.org.ls
Web : www.lndc.org.ls
Minister of Trade & Industry, Cooperatives & Marketing: The Honourable, Popane
Lebesa
Ministry Principal Secretary: Mr. Teleko Ramotsoari
Post : PO Box 747, Maseru 100, Lesotho
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Tel : +266 22312802 Fax : +266 22310326
E-mail : psmticm@leo.co.ls
Web : www.lesotho.gov.ls
Minister of Home Affairs & Public Safety: The Honourable Archibald Lehohla
Ministry Principal Secretary: Lefa J. Mokotjo
Post : PO Box 174, Maseru 100, Lesotho
Tel : Ministry +266 22323771 Tel: Principal Secretary: +266 22323526 Fax:
+266 22310587
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The Lesotho Textile Exporters’ Association is a national organization which
represents the majority of Lesotho’s textile and garment exporters. The LTEA
regularly interacts with all branches of the Government of Lesotho, and with a
range of other Lesotho stakeholders (e.g. trade unions, utility companies, etc).
24
Factory & Allied Workers’ Union (FAWU)
The Factory & Allied Workers’ Union is the largest trade union active in Lesotho’s
textiles and apparel industry. In an audit of trade union membership (mid-2005)
FAWU was said to have 10 265 members.
25
Post : PO Box 1085, Maseru 100, Lesotho
Tel : +266 22323796
Fax : +266 22312091
Toll Free : 8002 2006
E-mail : info@lra.org.ls
Web site: www.lra.org.ls
Note: Public holidays falling on a Sunday do not become a public holiday on the
following Monday
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Commercial Sector
Generally 08h00 to 17h00
Manufacturing
Generally 07h00 to 17h00. Lunch break in garment sector mainly between 12h00
and 13h00
Commercial Banks
Weekdays: generally between 08h30 and 15h30
Saturdays: generally between 08h30 and 11h00
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LESOTHO’S: TELECOMMUNICATIONS & INTERNET SERVICES
Telecommunications
Teleconnect Lesotho (fixed line service provider/cellular service provider)
Physical Address : Kingsway (Opposite Main Post Office), Maseru, Lesotho
Postal Address : PO Box 1037, Maseru 100, Lesotho
Tel : +266 22211000 / 22211624
Fax : +266 22211170 / 22211705
Web site : www.telecom.co.ls
Lesotho Telecom
Also offers internet services (including broadband)
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Web site : www.leo.co.ls
Note: Leo can also assist in registering an internet domain name.
iLesotho / Comnet
Physical Address : 4 Tulley Road, Maseru, Lesotho
Postal Address : PO Box 1045, Maseru 100, Lesotho
Tel : +266 22317645
Fax : +266 22317920
E-mail :
Web site : www.ilesotho.com
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LESOTHO’S BANKING SECTOR
Nedbank (Lesotho)
Physical Address HQ : Nedbank Building, Kingsway, Maseru, Lesotho
Postal Address : PO Box 1001, Maseru 100, Lesotho
Tel : +266 22312696
Fax : +266 22310025
Swift code : NEDLLSMX
E-mail : imakeka@nedcor.com
Web site : www.netbank.co.ls
Branches : Maputsoe; Maseru; Mafeteng; Mohales Hoek
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GETTING TO LESOTHO
AIR
ROAD
Maseru Taxis :
- if you are staying at the Lesotho Sun they run a free shuttle service to and from
Moshoeshoe International airport.
- Mike-the-Taxi picks-up passengers on every flight coming into and leaving from
Moshoeshoe International Airport. Cost M50.00. Contact Mike on: +266
58855527.
- Moonlight Taxis run a door-to-door taxi service within Maseru. The standard fee
is between M20.00 and M25.00 per trip. Moonlight may be contacted on: +266
22312695.
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WHERE TO STAY IN LESOTHO
NOTE: The Maseru Sun offers LNDC NOTE: The Lesotho Sun runs a shuttle
guests preferential tariffs, and service to and from Maseru’s
runs a shuttle service to and airport.
from Maseru’s airport.
Kingsway Road (opposite Basotho Hat) Cnr, Kingsway & Pioneer Roads
Maseru Maseru
Lesotho Lesotho
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