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‘Resist debt collectors’

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Constitutional law expert, Lovemore Madhuku, has urged Harare residents to resist private debt collectors engaged by the local authority to recover rates and levy arrears, saying the action was not supported by law.

Constitutional law expert, Lovemore Madhuku, has urged Harare residents to resist private debt collectors engaged by the local authority to recover rates and levy arrears, saying the action was not supported by law.

BY PAIDAMOYO MUZULU

Lovemore Madhuku
Lovemore Madhuku

Madhuku made the comments on Wednesday during a Combined Harare Residents’ Association public meeting, where residents were discussing a recent council decision to unleash a private debt collector on defaulters.

The University of Zimbabwe law lecturer said the arrears were not a debt at law.

“At law, these are not debts. It is not a debt, so it cannot be collected by a debt collector. Which government in the world uses private people to collect debt? You will notice that they are inefficient, dictators and cruel governments. City of Harare is in the same category,” he said.

Madhuku said debt collectors have no power to collect public debts, as they are not police, sheriff or messengers of court.

“Make it impossible for the debt collectors to operate. If you do that, it will force the councillors to come to you. Council cannot utilise debt collectors,” he said.

He also urged residents to have a culture of reading the law and to hold to account their elected representatives.

“Residents should have a culture to look for the law. Read the Constitution and the Urban Councils Act to know what is allowed and what is forbidden. The other problem is we don’t make our councillors accountable. Put pressure on them because you elected them, that is why democracy is there,” he said.

Council spokesperson, Michael Chideme, said the city was willing to negotiate payment plans with rates defaulters. He said the use of debt collectors was a last resort, which is supported by a council resolution.

MDC-T spokesperson, Obert Gutu, said: Our councillors are doing everything possible to abide by the party directive, but most top bureaucrats within the city are diehard Zanu PF regime apologists, who are bent on tarnishing the image of the MDC-run council.”