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Municipal Reporter

A Harare-based firm Modex Water Private Limited has suffered a blow after the Administrative Court threw out its appeal to have its water abstraction permit renewed by Mazowe Catchment Council and the Nyagui Sub-Catchment Council.

The Administrative Court dismissed the case with costs after Modex had appealed against the decision by the two water authorities to deny it a water permit renewal.

Delivering the judgement, Justice Herbert Mandeya said in the appeal the appellant had not shown that the respondents’ decision was illegal, irrational or afflicted by any procedural impropriety.

“The court has found that the respondents performed their statutory duties properly. Accordingly, there is no reason for interfering with the respondents’ decision not to issue appellant with a ground water permit for the period commencing January 2021.

“For that reason, the appeal is dismissed. Appellant is to pay respondents’ costs of suit on the ordinary scale. Both assessors concur with this judgment,” reads the judgement.

Facts are that Modex Water, represented by Philda Molly Chikerema, held a water abstraction permit which was valid up to December 31, 2020 and on December 29, 2020 it applied for a renewal of the expired permit but the water authorities rejected the application.

Mazowe Catchment Council rejected the application on the basis that no person or company shall be allowed to abstract water from a borehole for the purpose of supplying water in bulk.

Mazowe Catchment Council and Nyagui Sub-Catchment Council are responsible for the granting of permits to those wishing to obtain ground water in their area of jurisdiction while Chikerema is the owner of Subdivision E of Lot H Borrowdale Estate which is 42,5250 hectares in extent.