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Justice Martin Makonese

Mashudu Netsianda, Senior Court Reporter
GWERU City Council is set lose its property after failing to pay more than $20 000 in legal costs incurred by 25 residents when they took the local authority to court challenging its decision to disconnect water supplies without a court order.

The residents, through their lawyers Zimbabwe Lawyers for Human Rights, in June 2015 filed an application at the Bulawayo High Court citing Gweru City Council as the respondent. They sought an order declaring the water disconnection illegal and interdicting the council from cutting water supplies without a court order.

Bulawayo High Court judge Justice Martin Makonese subsequently ordered Gweru City Council to restore water supplies and pay legal costs incurred by the residents following their application under Case Number HC1434/15.

The attachment of the property follows failure by Gweru City Council to comply with the High Court order directing the local authority to pay $20 292 in legal costs.

According to a writ of execution citing Gweru City Council as the respondent, the Sheriff or his/her deputy have since been directed to attach the property to recover the debt.

“To the Sheriff for Zimbabwe or his law deputy: You are required and directed to attach and take into execution the movable property of Gweru City Council, the above mentioned respondent, care of Gweru Civic Centre, and of the same cause to be realised the sum of $20 292,25 being the taxed costs which were duly taxed by this honourable court on the 23rd of May 2017. Subsequent to a provisional order of this honourable court dated June 4, 2015, and also other costs and charges the applicant incurred,” reads part of the document.

The residents led by Ms Lizzie Zvenyika approached the court seeking an order blocking Gweru City Council from disconnecting water without a court order. They also wanted council to pay the legal costs.

In her founding affidavit, Ms Zvenyika of Mkoba Village said the disconnections were done without notice on May 29 in 2015 after she failed to raise a monthly water bill of $30.

The residents argued that Gweru City Council violated their constitutional right by disconnecting water without a court order.

“The respondent cannot resort to self-help even assuming that the applicants are owing them. The disconnection of water, a constitutional guaranteed right, is an act of self-help,” said Ms Zvenyika.

Bulawayo City Council has also been disconnecting 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. @mashnets