The High Court has upheld the people’s right to potable water by banning all municipalities from disconnecting supplies to their residents. In this file picture, residents of Rugare, Harare, fetch water from an unprotected well

Daniel Nemukuyu Senior Reporter
THE High Court has stopped all municipalities countrywide from disconnecting water supplies for defaulting residents without seeking recourse to the courts of law.Justice Chinembiri Bhunu — in a landmark judgment availed on Wednesday — described as illegal Section 8 of the Water By-law Statutory Instrument 164 of 1913 which empowers local authorities to cut off water supplies arbitrarily in the absence of a court order.

He said the by-law was an illegal instrument drafted by municipal authorities contrary to the Constitution and the enabling statute.
Section 8 of the Water by-law 164/1913 reads; “Council may, by giving 24 hours notice in writing and without prejudicing its right to obtain payment for water supply to its consumer, disconnect supplies to the consumer:

“(a) If he shall have failed to pay any sum, which in the opinion of the council, is due under these conditions or the water by-laws.”
Justice Bhunu said the tendency of disconnecting water supplies without the blessing of the courts was tantamount to self-help by municipalities and a disregard of the Constitution of Zimbabwe.

Prior to the judgment, legal experts had been speaking against council’s strategy of compelling consumers to pay saying it was illegal but Justice Bhunu spelt it out in a case in which Harare lawyer Mr Farai Mushoriwa was contesting disconnection of water at his flat in Harare.

Mr Mushoriwa of Mawere and Sibanda law firm in Harare had water disconnected from his flat at No. 12 Northcliffe over a debt of US$1 600.

He denies owing council anything, but council rushed to disconnect water at the flat.

Advocate Thabani Mpofu represented Mr Mushoriwa in the case while Mr Charles Kwaramba of Mbidzo Muchadehama and Makoni acted for Harare City Council