Mashudu Netsianda Senior Court Reporter
THE High Court has ordered Kwekwe City Council to pay the Zimbabwe National Water Authority (Zinwa) $800,000 in unpaid bulk water charges.

Zinwa through its lawyers, Cheda and Partners, filed an application at the High Court seeking an order compelling Kwekwe City Council to settle the debt amounting to $884,862,94 accrued over a year since February 2013.

Bulawayo High Court judge, Justice Nokuthula Moyo ruled in favour of Zinwa and ordered Kwekwe City Council to settle the bill.

“The respondent be and is hereby ordered to pay applicant a sum of $884,862,94 with interest at the rate of five percent per annum from June 2014 being the date of summons to date of full payment. The respondent is also ordered to pay costs of suit at an attorney-client scale,” said Justice Moyo.

According to court papers, Kwekwe City Council consumed more than 110,000 megalitres of water from Sebakwe Dam, which is owned by Zinwa.

In his founding affidavit, Zinwa credit controller, Amos Dube said the municipality’s bills accumulated as the local authority has been failing to make monthly payments since February 2013.

“The applicant (Zinwa) entered into an agreement with respondent (Kwekwe City Council) to supply bulk water at $8,06 per megalitre. The respondent purchases water from the applicant and the latest agreement between the parties was signed on February 2013,” said Dube.

“The respondent abstracts water from Sebakwe Dam and ancillary works which belong to applicant and measures it per month before submitting returns to the applicant indicating the amount of water consumed. The respondent has however, been failing to fully settle the monthly bills and has accumulated arrears. As at April 30, 2014 the respondent owed $894,802,94.”

Dube said they held a meeting with the council on October 6, last year during which Kwekwe undertook to pay the water authority $2,000 per week, but only paid for five weeks.

“During a round table meeting the respondent admitted owing the applicant $894,802,94 and subsequently paid a total of $10,000 after pledging to pay $2,000 per week,” he said.

In its notice of opposition, Kwekwe City Council through its town clerk, Emmanuel Musara, disputed the figure.

“I dispute that respondent owes applicant the sum of $884,802,94. I wish to point out that of that money being claimed, $321,468,89 is for interest alone, the bulk of which is based on the claim that is prescribed,” said Musara.

He further argued that according to the Zinwa Act, the authority does not have the power to sue for water levy. “Out of the $884,802,94 being claimed about $150,000 is for water levy which applicant lacked requisite locus standi to recover,” said Musara.

You Might Also Like

Comments