BCC defies court. . . Council in massive water disconnections days after ruling

tap dry

Whinsley Masara, Chronicle Reporter
THE Bulawayo City Council has embarked on a massive disconnection of water supplies to defaulting residents despite the fact that the High Court recently upheld previous rulings that such action is illegal without a court order.

Harare lawyer Mr Tinofara Hove recently took Harare City Council to the High Court seeking to stop the council from disconnecting his water supplies without a court order after accruing a bill of $18 600 and the court upheld previous rulings that such action is illegal without a court order.

In 2004, Justice Chinembiri Bhunu made a similar ruling saying Section 8 of the Water By-Law, which empowers local authorities to cut water supplies without a court order, was in breach of Section 77 and 44 of the Constitution.

The two sections guarantee the right to safe and clean water and compel Government to respect fundamental human rights.

Bulawayo United Residents’ Association Chairperson Mr Winos Dube said he had received reports from many suburbs where water supplies had been disconnected to force residents to clear their arrears.

“Water supplies have been cut off in many suburbs including eastern suburbs to force residents to clear arrears. It is a very unfortunate development because residents are being denied a basic right which is their right to safe drinking water,”he said.

Mr Dube said council announced that water from some of the boreholes dotted around the city was not safe for drinking so residents who were now relying on borehole water were putting their lives at risk.

“We are therefore appealing to council to suspend water disconnections and engage residents to find best ways of addressing the probblem,” he said.

Mr Dube said council should abide by the High Court ruling regarding the issue of disconnecting water.

The Information Manager of the Bulawayo Progressive Residents’ Association, Mr Zibusiso Dube said by disconnecting water supplies, council was demonstrating that it was out of touch with reality.

“Council should appreciate that defaulting residents have no money to pay their bills.

“We are all facing economic hardships and if the Government understands this why are city councils failing to appreciate the plight of their residents yet they are closer to the people?” said Mr Dube.

He said council shoud engage residents with a view to coming up with feasible payment plans based on one’s affordability.

Mr Dube said by disconnecting water, council had demonstrated that it is insensitive to the plight of its residents .

He said council was aware that most of the city’s companies closed down throwing thousands of workers onto the streets but the same council expects the same unemployed residents to meet their financial obligations such as paying water bills.

Bulawayo Town Clerk Mr Christopher Dube and Mayor Martin Moyo could not be contacted for comment.

An official from council however said the local authority recently sent SMSs to residents reminding them to clear their arrears or risk having water supplies disconnected.

The official said council was disconnecting supplies to consumers owing $300 or more.

“Those whose supplies are disconnected have to pay at least half the outstanding amount for supplies to be resumed and they have to come up with a payment plan to clear the balance,” said the official.

@winnie_masara

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