Residents groups fight arbitrary water disconnections

Edgar Gweshe

Harare—Residents’ associations in Harare have presented to the capital’s municipality, a draft by-law which seeks to challenge legislation governing water disconnections.

The disconnections are provided for under statutory instrument that was adopted more than a century ago in 1913.

The Combined Harare Residents Association (CHRA) and the Community Water Alliance (CWA) presented the draft by-law to Harare’s mayor, Jacob Mafume at Town House last week

The two organisations contend that arbitrary disconnections are unlawful and in direct violation of the constitutional right to water.

A wave of disconnections in the capital has left many households without water and prone to diseases such as cholera and typhoid.

The situation has been compounded by water scarcity in Harare as the local authority has not been able to meet the daily needs of its residents.

Currently, the City of Harare has the capacity to produce 704 megalitres of water, against a daily demand of 1,200 megalitres.

The proposed by-law seeks to incorporate the fundamental right to water and gender sensitivity in water management.

It seeks to address arbitrary water disconnections, wetlands preservation and the devolution of water distribution.

The residents’ associations contend that Statutory Instrument 164 of 1913, which allows for water disconnections without a court order, is unconstitutional.

They further argue that, given the fact that the local authority’s billing system is in shambles, council cannot disconnect water supplies without ascertaining the exact amount owed by residents.

The CHRA director, Reuben Akili, said there was need to put in place procedural safeguards before and after water disconnections.

“The issue of arbitrary water disconnections without providing procedural safeguards before and after…is not only a violation of the right to water but fuels corruption.

“The current statutory instrument of 1913 used by the City of Harare to effect water disconnections was ruled unconstitutional by the High Court (and) makes the local authority both referee and player, especially on water disputes involving disconnections,” said Akili.

The CWA director. Hardlife Mudzingwa, told urged a revision of the statutory instrument and called for the involvement of a third party where disputes arose with residents.
“The 1913 by-law allows the City of Harare to disconnect water supplies on houses perceived to be owing the City of Harare. Our argument is that the local authority cannot be both a player and referee on this matter.

“Whilst we support payment for water, we are equally saying an independent adjudicator should make a determination on whether a person owes the city if the quantum is disputed,” said Mudzingwa.

Water shortages and cuts have become a perennial challenge in Harare and many other urban areas due to the shortage of chemicals, ballooning populations, corruption and mismanagement.

Residents have been forced to use communal and private boreholes and wells to draw water for domestic consumption, but the sources of the precious liquid have widely been condemned as unsafe.