By Wisdom Mumera
Harare City Council is still using a by-law enacted in 1913 to regulate water supply for residents.
The situation has resulted in the Combined Harare Residents Association and Community Water Alliance presenting a new model.
According to the two organisations, they “presented a Draft Model Water By Law to the Mayor of Harare today the 24th of July”
“The Draft Model By Law seeks to align water laws with the constitution of Zimbabwe.
Currently the City of Harare uses Statutory Instrument 164 of 1913 to regulate water supply in the city.
This has repeatedly led to abitrary water disconnections and violation of the right to water.
In addition the 1913 Statutory Instrument has seen perpetual legal battles between residents and the local authority.
What The Law Says
Authorities have struggled to come up with a balance between errant residents and recouping costs in service delivery.
While previously water disconnections where the norm, the practice has been challenged in court.
In 2013 the High Court ruled in favour of a resident applicant, affirming Section 77 of the Constitution that water is a right.
“The ruling offered the view that the water bylaws used were unconstitutional and contrary to the enabling statute,” according to Bright Mbonderi a researcher.
The judgment was welcomed as the ‘first true test’ of socio-economic rights under the 2013 Constitution.
A later case involving another resident led to a judgement declaring that in the event of a dispute over a water bill, there should be a recourse to the courts for remedies.
However, the Supreme Court in 2018, overturned the ruling.
“It declared that water disconnections in terms of the water bylaw are above board.
According to Mbonderi, this raises questions as to the constitutional obligation to protect the right to water imposed upon all organs of the state.
Residents Position
Residents have repeatedly fought against the explicit use of the law to limit access to water.
Harare Residents Trust (HRT) Director Precious Shumba is on record saying some of the practices are profit-oriented.
“Water is a basic right for every resident.”
