High Court upholds ban on water disconnections

THE High Court has upheld previous rulings that it is illegal for Harare City Council to disconnect water supplies to defaulting businesses and residents without a court order.

The city, however, says it is going to appeal against the decision at the Supreme Court.

Last year the city got a reprieve after a High Court judge gave it the green light to disconnect water for defaulting residents without a court order provided it follows provisions of the Harare (Water) By-laws S.164/1913, which require that council gives 24 hours’ notice to affected parties before disconnections.

The High Court, however, said where the bill was genuinely disputed, there should be recourse at the courts before council disconnected the water supply to the consumer.

The court made the ruling in a case in which Harare lawyer Mr Tinofara Hove took Harare City Council to the High Court seeking to stop the city from disconnecting his water supplies without a court order after accruing an $18 600 water bill.

Acting chamber secretary Mr Charles Kandemiri briefed council on the latest judgment barring council from disconnecting water without a court order.

“Acting chamber secretary (Mr Kandemiri) reported that Bothwell Property Company was a registered company in terms of the laws of Zimbabwe and water supply to the company was disconnected. The applicant had then filed an urgent chamber application in the High Court citing that they had been diligently paying its monthly water bills yet its account had a debit balance,” read the minutes of the Finance and Development Committee.

“In his report, the acting chamber secretary had detailed events that had transpired on the matter. He also reported that the applicant had approached the court on an urgent basis seeking restoration of water supply to its premises and an interdict to bar further disconnections pending finalisation of the matter by the courts.”

Mr Kandemiri told council that the High Court had granted interim relief sought by Bothwell Property on an urgent basis and also granted the final interdict.

He said the court held that the disconnection of the company’s water supply was ultra vires the Constitution and accordingly barred Harare from disconnecting Bothwell Property’s water without a court order.

Mr Kandemiri told councillors that the city would appeal at the Supreme Court and during discussion the committee underscored the need for council to pursue the matter in its best interest.

In 2014 Justice Chinembiri Bhunu made a similar ruling saying Section 8 of the Water By-Law, which empowers local authorities to cut water supplies without a court order, was in breach of Sections 77 and 44 of the Constitution.

The two sections guarantee the right to safe and clean water and compel Government to respect fundamental human rights.