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Mashudu Netsianda, Senior Court Reporter
THE High Court has dismissed an application by Hwange residents who were suing the Zimbabwe National Water Authority (Zinwa), Hwange Colliery Company Limited (HCCL) and four Cabinet Ministers over a tight water rationing schedule.

The water rationing exercise has resulted in parts of the mining town going for days without water.

The affected areas include Hwange Township, Lwendulu, Cinderella, Madumabisa, Lusumbami, Ngumija and Makwika and residents are now resorting to communal toilets for water.

Bulawayo High Court judge Justice Evangelista Kabasa ruled that the application was not urgent, saying it should go through the ordinary roll as there was no basis for urgency.

“The case is not urgent because residents knew about the water woes as far back as 2017 and they didn’t take any action. No basis has been made at all for urgency in this case, and I accordingly decline to hear this matter on the basis of urgency and should therefore be dealt with as an ordinary case,” ruled the judge.

Justice Kabasa’s ruling follows an urgent chamber application filed by Hwange residents under the banner “Greater Whange Residents Trust,” through their lawyer Mr Godfrey Nyoni of Moyo and Nyoni Legal Practitioners, citing Health and Child Care; Finance and Economic Development; Lands, Agriculture, Water, Climate and Rural Resettlement and Local Government, Public Works and National Housing Ministers Dr Obadiah Moyo, Prof Mthuli Ncube, Perrance Shiri and July Moyo, HCCL, Zinwa and Hwange Local Board as respondents.

The residents sought an order directing Zinwa and HCCL to immediately restore normal water supplies during the lockdown period.

They also wanted HCCL and Zinwa to be directed to take necessary measures to ensure bulk water supplies to the affected suburbs using water bowsers, failure of which Prof Ncube, Ministers Shiri and July Moyo should be ordered to financially capacitate them.

The residents are accusing HCCL of failing to address the ongoing water crisis in the mining town and want Hwange Local Board to run their water affairs.

In his founding affidavit, the coordinator of the Greater Whange Residents Trust, Mr Fidelis Chima, said the water situation in the affected suburbs is breeding ground for Covid-19 among other waterborne diseases.

“The situation is bad and creating a health hazard for Hwange and Zimbabwe at large. It is difficult for residents to maintain high standards of hygiene when there is no water. On 30 March 2020, Zimbabwe went into lockdown mode as it joined many other countries in putting in place measures to curb the spread of the deadly Coronavirus called Covid-19,” he said.

“Water is key in the fight against the deadly global pandemic as people are expected to maintain high levels of hygiene. This cannot be achieved without water and this is the dilemma that some residents of Hwange find themselves in.”

Mr Chima said some areas in Hwange receive water supplies in the mornings only while others get running water either for two hours per day or nothing at all.

He said in the absence of a constant availability of running and potable water, Hwange is likely to be the epicentre of Covid-19 in Zimbabwe.

HCCL has an obligation of providing water to houses which are under its jurisdiction.

Mr Chima said they once engaged Parliament over the issue but nothing was done.

“All these dangers can be averted by the mere provision of water to the residents of Hwange. HCCL has the capacity to provide bowsers to ferry water to the affected communities,” he said.

Mr Chima said due to the prevailing water crisis, residents were now forced to disregard lockdown regulations by going out in search of the precious liquid.

“The solution, in my view, lies in moving the provisions of water from HCCL and Zinwa to Hwange Local Board as envisaged by section 183 of the Urban Councils Act as it is the duty of local authorities to provide water to urban dwellers falling under their jurisdictions,” he said.

The residents said Minister Shiri has a duty to ensure that water is made available to all citizens in terms of the Water Act.

“All water resources in Zimbabwe fall under the President his (Minister Shiri) principal. The administration of water in urban areas cannot be left in the hands of individual companies. The administration of water ought to be left in the hands of Hwange Local Board as people in the affected areas need urgent assistance and to be provided with water during the course of lockdown and social distancing.” — @mashnets.