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Kariba’s bid to gag poor service delivery discussion backfires

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KARIBA resident magistrate Felix Chauromwe on Tuesday dismissed an application by the Kariba municipality to bar residents from meeting to discuss poor service delivery.

KARIBA resident magistrate Felix Chauromwe on Tuesday dismissed an application by the Kariba municipality to bar residents from meeting to discuss poor service delivery.

BY NUNURAI JENA

The municipality wanted to bar Kariba Incorporated Area Residents Ratepayers Association (Kiarra) and its chairman Sam Mawawo from holding public meetings with residents.

Mawawo yesterday said the judgement was a victory for residents who wanted value for the money they were forking out in rates and levies.

“Local authorities must learn to be accountable to the residents. We are disheartened by the misappropriation of our hard earned cash by these unprofessional council officials and our voted councillors who were trying to use the court to silence residents,” he said.

“The council diverted funds residents contribute for service delivery to pay expensive lawyers to represent them in a losing case. This is criminal.”

In an exparte (urgent) application for an interdict dated May 5 2015, Kariba council through their lawyer Clara Phiri of Phiri and Associates cited Kiarra as the 1st responded and Mawawo as the 2nd responded in case number 119/15.

The council noted in their application that on April 22 and 26 2015 in Kariba, Kiarra held meetings at which they encouraged residents not to pay water bills.

“This has resulted in council losing hundreds of dollars in revenue,” the council wrote.

The council further stated that they wanted the court to bar the respondend from holding any further meetings which will incite residents not to pay for services rendered to them.

Kariba magistrate had provisionally granted the request pending the hearing.

But Zimbabwe Lawyers for Human Rights lawyer Kenny Masiye who was representing residents argued that the application the council was seeking bordered on unconstitutionality.