Mashudu Netsianda, Senior Court Reporter
THE High Court has ordered the Zimbabwe National Water Authority (Zinwa) to immediately restore water supplies from Blanket Dam in Gwanda town to Vumbachikwe Mine.

Zinwa disconnected water to the mine over undisclosed water bills.

The ruling by Bulawayo High Court judge Justice Martin Makonese follows an urgent chamber application by the owners of Vumbachikwe, Forbes and Thompson (Bulawayo) Private Limited.

In papers before the court, Forbes and Thompson (Bulawayo), through its lawyers Dube-Manikai and Hwacha Legal Practitioners, cited Zinwa as the respondent.

Justice Makonese ruled that the disconnections by Zinwa were unlawful and a violation of the Constitution.

“I am satisfied that the State and quasi State institutions cannot abrogate their constitutional obligations and duties by alleging that by entering into awater supply agreement, the applicants contracted themselves out of the constitutional provisions,” said the judge.

Justice Makonese interdicted Zinwa from interfering or terminating water supply at Vumbachikwe Mine without a court order.

“In the circumstances, the applicants are entitled to the final order sought and I accordingly order that the disconnection of the applicant’s water supply from Blanket Dam without a court order amounted to self-help and was unlawful.

“Zinwa, its employees be and are hereby interdicted from interfering with the applicant’s water supply,” ruled the judge.

He also ordered Zinwa to pay the legal costs incurred by Forbes and Thompson (Bulawayo).

Vumbachikwe Mine has been drawing water from Blanket Dam using its own pumping equipment after entering into a written agreement with Zinwa.

Once pumped, the water is then purified by the mine and reticulated to the mine compound for mining operations.

Zinwa through its lawyers, Dondo and Partners argued that disconnecting water without a court order was permissible in terms of its written agreement with Forbes and Thompson (Bulawayo).

The water authority, however, conceded that section 77 of the constitution provides  that every person has a right to safe, clean and potable water and that the State must take reasonable legislative and other means within the limits of the resourcesavailable to achieve the progressive realisation of the right.

Zinwa said it disconnected the water to compel the mining company to settle outstanding bills.

Forbes and Thompson (Bulawayo) argued that its employees were at risk of contracting waterborne diseases. —

@mashnets

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