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Water Disconnections in Harare - CHRA's position
Combined Harare Residents Association (CHRA)
March 23, 2006

Water is Life! Water is a Birthright!

The Combined Harare Residents Association (CHRA) has received numerous reports of people having their water disconnected for non-payment by the City of Harare.

CHRA would want to set the record straight on this issue.

Water disconnection is illegal, no matter the circumstances. The realisation of one's legal rights and duties establishes an accountable and democratic society that respects the fundamental constitutional liberties of the people.

Citizens should reclaim their birthrights. Fear will not solve your problems. Be brave and use the power in your hands.

Have your water rights been violated?
High Court judge Justice Gowora, ruled in case Number HC 5948/05 (Tracey Maponde versus the City of Harare) that it is illegal to disconnect water for failure to pay.

This ruling followed an urgent court application by the Zimbabwe Lawyers for Human Rights, on behalf of Maponde challenging the action of the District Officer for Hatcliffe when he sent people to disconnect her water for non-payment of $3 million in rubble charges.

In a consent order, Justice Gowora granted Maponde's application to have her water reconnected and for the City of Harare to compensate her $200 million for the destruction of her two-roomed cottage which was built with council approval. Her water was immediately reconnected.

A. What to do when City of Harare attempts to disconnect your water for non payment
CHRA lawyers have advised us that a person's water cannot be disconnected for non-payment of any other municipal service like penalty, supplementary charges or any other such charges as may be charged by the City of Harare.

Below are the steps to follow when your water is disconnected for any reason. Ensure that all residents and workers at your property are aware of the following steps;

1. Before they cut off your water, demand to see their identity and you must first demand to see the letter of disconnection from the District Officer of that particular area. The letter must specify that you have failed to pay your WATER BILL. There should be written notices before any action is taken against you.

According to Section 279 (2) on (Liability to pay rate) of the Urban Councils Act (Chapter 29:15), "if on the date on which a rate becomes due and payable, the owner primarily liable has failed to pay that rate, a demand in writing may be served on him requiring him to pay the amount stated therein within fourteen days (14) of the service of demand."

Section 279 (3) (a) further states that "if the owner primarily liable for a rate fails to comply with the demand referred to in Subsection Two (2), then any person who at any time during the period in respect of which such rate was fixed and levied, (a) is the occupier of the property concerned shall, if a demand in writing is served on him by the council, be liable for such rate together with any other unpaid rates in respect of such property, not exceeding the amount of any rent in respect of such property due by him but not yet paid at the time of the demand and shall thereafter continue to pay such rents to the council until the amount of the unpaid rates has been paid off."

2. Advise whoever is sent to disconnect your water that their action is illegal and would be in contempt of court if they proceed to disconnect your water.

3. Use the law to stop the City of Harare from abusing its authority and engage CHRA or your lawyer to demand what is yours at law and by nature.

B. If your water has been illegally disconnected;

• Contact your District Officer quoting the High Court case referred to above and request immediate reconnection.
• If request is not complied with advise the District Office that you and CHRA will take legal action.

Become part of the broad-based movement of the forces of change in Harare to ensure your basic human rights are respected. Unite with your CHRA counterparts to rally around this issue and set Harare free. We have the power of numbers to change the system of local governance in Harare.

CHRA for enhanced civic participation

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