Court application filed against Harare’s pre-paid water scheme

CHENGETAI MURIMWA

The Zimbabwe Lawyers for Human Rights (ZLHR) has filed an application at the High Court seeking an order to suspend the implementation and rollout of Harare’s pre-paid water system, arguing that the programme is unlawful.

The application was filed this week on behalf of Harare resident Bernadette Makaya, who is being represented by ZLHR lawyer Tinashe Chinopfukutwa.

According to court papers, Makaya argues that the provision and distribution of water in Harare are governed by the Harare Water By-Laws of 1913 and the Urban Councils Act, both of which provide for a post-paid water distribution system rather than a pre-paid one.

She contends that the City of Harare and Helcraw Water acted outside the law by introducing pre-paid water meters despite the existing legal framework only recognising a post-paid metering system.

Makaya further argues that the rollout of the pre-paid water meters is not backed by any legal instrument and therefore breaches the obligation of administrative authorities to act lawfully.

In the application, she maintains that the City of Harare and Helcraw Water have violated provisions of the Administrative Justice Act, which requires public authorities to exercise their powers in a lawful, reasonable and procedurally fair manner.

ZLHR said the court challenge seeks to safeguard residents’ rights and ensure that any changes to water service delivery are implemented within the confines of the law.

The case adds a new dimension to the ongoing debate over access to water services in Harare, with residents and civic groups expressing concern over the impact of pre-paid water systems on the constitutional right to water.

The High Court is expected to determine whether the rollout of the pre-paid water scheme should be suspended pending the final resolution of the matter.