A HARARE woman has filed a court application against the Local Government and Public Works minister, the City of Harare and Helcraw Water, seeking to stop the rollout of prepaid water meters in the capital.
Bernatte Makaya argues that installing the meters is unlawful and contravenes the Urban Councils Act and the Harare Water By-Laws.
She is being represented by Tinashe Chinopfukurwa of the Zimbabwe Lawyers for Human Rights.
Makaya's application, filed in terms of section 4 of the Administrative Justice Act, seeks an order setting aside the City of Harare and Helcraw Water prepaid water meter installation project.
According to court papers, the City of Harare, in partnership with Helcraw Water, began implementing the project in 2025. The programme was subsequently rolled out in Sunridge in Mabelreign, where Makaya resides and a prepaid water meter was installed at her property earlier this year.
Makaya told the court that since the meter's installation, her water supply automatically disconnects whenever she has insufficient credit.
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She said the prepaid meter is housed in a locked black box outside her home and operated fundamentally differently from the conventional post-paid water billing system.
“This new system requires residents to pay for the water first before receiving any drop of water from the City of Harare. Furthermore, it is also apparent from the functionality of the prepaid watering system introduced by the respondents that residents do not receive any written notice from Harare council when the water supply is about to be cut off,” Makaya submitted.
“The prepaid water metering system introduced by the respondents merely has a little monitor which is inside the house used to check the water balance if you press number 12.
“The above factual matrix has prompted me to approach this honourable court for relief in terms of section 4 of the Administrative Justice Act on the basis that the respondent's implementation of the prepaid water metering system in Harare is unlawful because the Harare Water By-Laws provide for a post-paid water metering system, not a prepaid one.”
She further argued that the prepaid water metering system is ultra vires the Urban Councils Act because residents are not served with the mandatory 24-hour notice before water supplies are disconnected.
Makaya also submitted that the prepaid system does not provide for the issuance of statements of account relating to water consumption, as required by law.
According to her application, the introduction of prepaid water meters is not supported by an enabling legal instrument and is inconsistent with both the Urban Councils Act and the Harare Water By-Laws of 1913.
She argued that section 61 of the Harare Water By-Laws requires all notices to be in writing and either delivered to the consumer's address or sent by registered post.
Makaya is seeking an order suspending the implementation of prepaid water meters in Harare. She also wants the court to direct the respondents to develop appropriate by-laws before implementing and rolling out a prepaid water metering system within the municipality.
The application is pending before the courts.