Municipalities’ power to disconnect water supplies to
non-paying residents is reasonable and does not in any way contravene Section
77 of the country’s Constitution that guarantees the right to clean and potable
water, the Supreme Court has ruled.
The court made the ruling in a case in which the Harare
City Council was appealing against a High Court judgment granting a provisional
order in favour of lawyer, Mr Farai Mushoriwa, who was contesting the
disconnection of water at his flat in Harare.
Justice Bharat Patel said the city could terminate water
suppliers provided they followed its by-laws.
Harare (Water) By-laws S.164/1913 require that council
gives 24 hours’ notice to affected parties before disconnections.
Justice Patel quashed the lower court’s decision that
stopped all municipalities countrywide from disconnecting water supplies for
defaulting residents without seeking recourse to the courts.
“The provisional order granted by the court a quo be and is
hereby set aside,” said Justice Patel, partially allowing Harare City Council’s
appeal. Herald
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