HARARE Mayor Jacob Mafume was following the Constitution when he publicly said water was vested in the President, legal experts have said.
Addressing a local gathering this week, Mafume told the nation that the water belongs to the President.
“Water, according to the Constitution, belongs to His Excellency President Emmerson Mnangagwa,” Mafume told the gathering.
“It is administered by the central government. We are only conveyors.”
Mafume, who is also a lawyer by profession, has received criticism, with most of it coming from social commentators such as Reason Wafawarova.
Wafawarova described the remarks as treachery and calling them out of order.
“Nowhere, absolutely nowhere, does the Constitution declare that water belongs to the President,” Wafawarova said in an opinion.
“Zimbabwe’s natural resources do not convert into personal property with every election cycle.”
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Philemon Shonhiwa, a legal expert, said Mafume was referring to the Constitution.
“In Zimbabwe, the Constitution of 2013, enshrines the right to safe, clean and potable water for every person under section 77,” he said.
“The minister responsible for water overseas water availability, regulates supply and manages water fund resources development.
“Therefore, while the President holds overall executive authority as Head of State, the direct management of water resources is carried out by the relevant ministry and agencies by Zimbabwe National Water Authority, as defined by law and constitutional right to water.”
Another legal expert who commented on condition of anonymity said water was vested in the President, claiming: “According to the Constitution, it is true that all water is vested in the President and there is no private ownership, and no person shall be entitled to ownership of water.
“I don’t think Mafume, who is a lawyer, could be reckless when commenting on such matters.”
However, the Water Act [Chapter 20:24] states that: “3. Water vested in President: Subject to this Act, all water is vested in the President.”
