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Water crisis becomes unbearable to thousands of residents
Combined Harare Residents Association (CHRA)
June 27, 2006

During the last three weeks the Combined Harare Residents’ Association has been overwhelmed with reports from residents from the low and high-density suburbs on the water situation in Harare.

These reports have come at a time residents are seeking clarity on the role of the Zimbabwe National Water Authority (ZINWA) in the administration of water resources in Harare and other cities. The water authority has failed to explain the situation to residents. Residents in the northern suburbs have raised their concerns on their boreholes which ZINWA is charging.

Residents in the high-density suburbs have visited the CHRA offices at Daventry House to report of water disconnections by the City of Harare and dry taps for long periods.

This has been the case particularly to Dzivarasekwa where 148 residents had their water disconnected by the City of Harare due to non-payment of the infamous rubble penalty that followed the inhuman demolitions’ of peoples’ properties by the government, aided by the illegal commission running (ruining) the affairs of Harare. (Please contact Ward 39 Coordinator Edmore Mutenje at 84A Pasipanodya Street, Dzivarasekwa or call him on 091 767 931 for details).

The basic rule of contract law is a fair exchange of value.

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.

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."

There is a legal precedence on this matter (Tracey Maponde versus the City of Harare Case Number HC 5948/05 High Court judge Justice Gowora ruled 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.

In Ward 10 Sunningdale, residents went for six days at the beginning of June without water, while in Msasa Park residents went for nearly a fortnight without any drop of water. This has been the situation in other suburbs like Rugare where treated water has been gushing out of burst pipes for several weeks without being attended to.

In the Central Business District (CBD) treated water is gushing out of pipes along major roads like Robert Mugabe just outside Atlas House, South Avenue outside National Tested Seeds, Nelson Mandela and Jason Moyo. This is a shame because the same city authorities that claim to be responsible for water are letting the situation get out of hand. ZINWA is nowhere in the picture.

At some households, burst water has been allowed to gush out for several days on end without being repaired. City authorities have been informed but continue to be irresponsible.

There is a burst pipe in the city centre along Robert Mugabe way that has not been attended to for three days now. In Rugare there is a burst pipe along Hwata Street which has not been attended to for months. The road has been closed due to the massive growth of bulrush. Another burst pipe that has not been attended to for more than two years near Kambuzuma High School.

In a related matter, a resident in Belvedere had to call in the CHRA secretariat to assist in a water dispute. An overzealous municipal employee went to the household of this Belvedere family and attempted to disconnect their water for allegedly late payment of rates.

Alert CHRA officials intervened and explained to him that his conduct was illegal but he became violent and instead removed the water meter and left treated water gushing out of the un-repaired pipe. They detained him for malicious injury to property. Then he rushed to the police to file charges of alleged kidnapping. He had no documentation on him to indicate that he was supposed to remove a meter. The water has been gushing out since last Wednesday and City officials have been reluctant to attend to this matter.

CHRA condemns any attempts by the City of Harare to intimidate residents of Harare by resorting to illegal acts to coerce them to pay rates un-related to water. We continue to urge residents to stand up and seek legal advice where they have been intimidated to pay by the municipality.

Visit the CHRA fact sheet

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