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Mashudu Netsianda Senior Court Reporter
THE High Court has ordered the Bulawayo City Council to restore water supplies it had disconnected at a city food outlet over a $10,000 water bill. According to the court papers filed at the Bulawayo High Court last week, Burgersdrop (Pvt) Ltd is the applicant while the Bulawayo City Council was cited as the respondent.

Justice Martin Makonese granted a provisional order compelling the council to reconnect water to Burgersdrop (Pvt) Ltd at its rented premises along JMN Nkomo Street following an urgent chamber application by the outlet.

“The respondent is hereby directed to immediately reconnect the water meter it removed on March 27, 2015 from the applicant’s premises,” he ruled.

Justice Makonese said the council’s actions were in violation of the law as it disconnected water without a court order.

“The respondent should desist from disrupting or terminating the applicant’s water supply without the authority of a court order,” said the judge.

In his founding affidavit, the restaurant manager, Zimazile Sibanda said the decision by the city council to disconnect water without a court order was a violation of law.

“On March 27, 2015, the Bulawayo City Council unilaterally and without following any due processes came to our rented premises and removed a water meter in order to disable us from accessing tapped water.

“Respondent’s actions are not only illegal but smack of high handedness of the highest order,” he said.

Sibanda argued that part of the controversial water bill was incurred by the previous tenant who used to operate a carwash. Burgersdrop (Pvt) Ltd is leasing the property from A K Karbanee.

“When applicant took occupation of the property in 2012 there was an outstanding water and rates bill of more than $5,000.

“The previous tenant was operating a carwash from the same premises,” he said.

Burgersdrop, through an unnamed director, approached the Bulawayo City Council intending to open another water account under its name, but the council refused.

Sibanda said the refusal by the council was a calculated move to force them to inherit the previous tenant’s bill.

The bill currently stands at $10,822.26.

In February the food outlet had its water disconnected before a verbal representation was made between council and the owner of the restaurant resulting in reconnection. Sibanda accused the council of breaching the agreement.

“During such discussion with the deputy chamber secretary, I pointed out that the entire bill had not been entirely incurred by us and it was agreed that the applicant would pay for the current consumption until an agreement was reached.

“Hardly two weeks after such an agreement and before the bill had been sent to applicant, the council has again disconnected water supplies,” said Sibanda.

Last month three Bulawayo pensioners took the Bulawayo City Council to court for alleged arbitrary water disconnections at their residencies, saying they are being deprived of the right to access clean water because they are pensioners.

Peter Frank Sibanda, 65, Paul Phiri, 64, and Douglas Sibanda, 62, through their lawyers T J Mabhikwa and Partners, lodged an urgent court application seeking a declaratory order that affirms their right to safe, clean and portable water.

The pensioners had outstanding water and rates bills of between $191 and $200.

The application was however, dismissed by Justice Maxwell Takuva, saying the three pensioners had no prima facie right to water because of failure to settle their water bills.