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Innocent Ruwende Municipal Reporter
The Harare City Council wants to engage a senior lawyer to push its challenge of a High Court order barring it from disconnecting water supplies to defaulting consumers after it realised many residents were now getting water for free.

In the past, the council would use water disconnections to force the residents to pay their bills.

The High Court recently ruled water disconnections were unconstitutional since it is a basic human right guaranteed in the Constitution.

Recent minutes of the Environment Management Committee show that corporate services and housing director Mrs Josephine Ncube briefed advised council of the High Court decision and the city’s intention to appeal at the Supreme Court.

“The corporate services and housing director (Mrs Ncube) reported that she had since appealed against the decision and instructed council’s external legal practitioners to enlist the services of an advocate because of the sensitivity of the matter,” read the minutes.

“It is the councillors’ view that the matter needs special attention as the judgment will cripple the city as everyone would end up using water for free on the pretext of challenging water bills.”

In a landmark ruling, Justice Chinembiri Bhunu described Section 8 of the Water By-Law Statutory Instrument 164 of 1913, which empowers local authorities to arbitrarily cut water supplies, as unconstitutional.

This was after lawyer Mr Farai Mushoriwa contested disconnection of water to his Harare home over a disputed $7 700 water bill.

The section in question 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 by-law breached Section 77 of the Constitution of Zimbabwe, which classifies clean water and food as basic rights.

Section 44 of the same Constitution imposes a duty on State and Government institutions like councils, to respect fundamental human rights and freedoms.

Local authorities countrywide have been using water disconnections to force residents to pay overdue bills, but Harare City Council has been meeting resistance by property owners in low-density areas who keep their gates locked.

Lawyers have since urged the city to respect the High Court order to avoid being in contempt of court.