THE Harare City Council has been given a blank cheque to effect massive water cuts over unpaid bills after High Court judge Justice Happias Zhou yesterday dismissed an urgent chamber application filed by three residents challenging the disconnection of their water supplies arguing that water was “a Constitutional right”.
BY CHARLES LAITON
The residents had sought an interdict order barring the city council from cutting water supplies until the matter was finalised. But the residents’ application was dismissed with costs.
The ruling came as Local Government minister Saviour Kasukuwere recently voiced his support for councils to effect water cuts for defaulting ratepayers, saying those who wanted quality service should be prepared to pay for it.
The shock judgment could have serious ramifications, as several municipalities across the country could also start cutting water supplies for defaulting ratepayers.
The applicants were Combined Harare Residents’ Association, Community Water Alliance, Frazer Zvangundega Dube, Nelly Ndlovu and Beauty Sande.
Speaking to NewsDay after the hearing, council lawyer, Charles Kwaramba said the judge did not even allow the council to present its case, adding the residents’ case lacked urgency.
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“The judge said the matter is not urgent because the applicants had not acted urgently, given that some of them had their water disconnected as far back as 2009, 2013, and June this year,” the lawyer said.
“He asked why the courts should give this matter preferential treatment when the applicants themselves had not exhibited any urgency in the manner they had conducted themselves.”
However, Harare Residents’ Trust director Precious Shumba yesterday said although the ruling was correct at law, it would not set aside an earlier ruling by High Court judge Justice Chinembiri Bhunu on the Farai Mushoriwa versus Harare City Council case which observed that water cuts effected without a court order were unconstitutional.
“What we are against with is that council is using water to force residents to pay for other services that are not provided as water comes on a composite bill with other charges such as refuse collection, property tax, and others,” Shumba said.
“Water consumption is normally estimated and being done using an out-dated law. Disconnecting water violates section 77 of the constitution which provides for the right to water and food.”
The residents, who were represented by Sharon Hofisi from the Zimbabwe Lawyers for Human Rights (ZLHR), had also wanted the court to stop the council from billing them until their matter had been determined.
The three residents claimed their water was disconnected sometime in June this year by city council officials who at the time did not have a court order granting them authority to do so.
They argued the council’s actions violated their constitutional right to access clean water.
Harare has already threatened to cut water supplies for ratepayers owing more than $100 in a move that could see massive water cuts.
The High Court last year stopped Gweru from terminating water supplies to residents, on the basis that water was a constitutional right, which residents were entitled to.
High Court judge, Justice Chinembiri Bhunu ruled that local authorities should approach the courts before effecting water cuts.
This court case comes after the July 17 Supreme Court ruling triggered massive retrenchments after giving employers the right to terminate their employees contracts on three months’ notice without terminal benefits.
