Justice Patel overturned the High court’s decision to stop municipalities from disconnecting water supplies countrywide without approaching the courts.
The Supreme Court ruled in favour of municipalities in a case were the Harare City Council had lodged an appeal in the apex court against a high court judgement which granted a provisional order in favour of a lawyer, Mr Farai Mushoriwa, who was contesting the disconnection of water at his flat in Harare.
The apex court ruled that Municipalities’ power to disconnect water to non paying residents is reasonable and does not infringe Section 77 of the Country’s constitution that guarantees the right to clean and potable water.
Handing down the ruling Justice Patel emphasised that City Councils terminate water supplies to defaulting residents within the confines of the City council’s bylaws.
The provisional order granted by the court a quo be and is hereby set aside
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