Ratepayers Threaten To Sue Harare City Council Over Water Disconnections

Community Water Alliance programmes manager, Hardlife Mudzingwa has revealed intentions of the organisation to challenge the constitutionality of water disconnections by Harare City Council.

Speaking to the Daily News, Mudzingwa indicated that disconnecting water was a violation of human rights stipulated in the constitution and international laws. Mudzingwa said:

Our legal argument is based on Sections 44, 46(1) (c) and 86 of the Constitution of Zimbabwe Amendment No. 20 of 2013. Section 44 compels government at every level to among other obligations, respect the human right to water. Respecting the human right to water means that where there is supply of potable water, there must be limited interference in the enjoyment of that right. Respecting the human right to water is of immediate effect and it is not subjected to availability of resources.

Disconnecting water is a retrogressive measure and goes against Section 77 requirement of progressive realisation of the human right to water. Section 46(1)(c) compels Zimbabwe, when interpreting human rights, to take into account international law, treaties and conventions to which Zimbabwe is a party.

Mudzingwa also argued that disconnections to effect payments must stop as there are other alternatives which do not temper with the health of the people.

Water provision, like many other services in Harare, has been intermittent for years. Recently, Harare City announced its incapacity to purify enough volumes of water.

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