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Sunday, November 30, 2008

(HERALD) Chitungwiza residents sue Zinwa

Chitungwiza residents sue Zinwa
Court Reporter

CHITUNGWIZA Residents and Ratepayers’ Association yesterday filed a lawsuit against the Zimbabwe National Water Authority for failure to provide constant clean water and failure to repair broken sewers in the town.

The application for an order for "specific performance" filed at the High Court comes at a time when the Government is battling to control the spread of the cholera epidemic.

The association cited Zinwa as the respondent in the matter to be set down for hearing in due course.

The residents association, which is being represented by Matsikidze and Mucheche law firm, want the court to order Zinwa to constantly supply them clean water and ensure all broken and blocked sewer pipes are timeously repaired and replaced.

CRRA chairman Mr Arthur Taderera said he had tried in vain to seek the assistance of Zinwa to rectify water and sewer reticulation problems.

Mr Taderera said his family was in danger following the cholera outbreak because of the non-availability of clean water.

"Due to their lack of diligence and constant supplies of clean water to my place of residence, diseases like cholera surfaced and people are dying," he said.

Mr Taderera said the sewer system at his house was broken and has not been attended to.

"There are large pools of raw sewerage in our streets, posing a danger to young children and also ourselves," he said. Mr Taderera further claimed that the negligence by Zinwa to perform its mandate was a clear violation of his fundamental right to life as enshrined in the Constitution of Zimbabwe.

"There is nothing which we can do as the respondent has exclusive jurisdiction and control all water resources.

"It is an offence for me to even try to fix the sewer system on my own because that is the exclusive prerogative of the respondent."

Mr Taderera claimed that if Zinwa was not ordered to perform its mandate it would not act, as history proves so.

He said the court should compel Zinwa to provide constant clean water supplies and repair broken sewers.

Zinwa recently received foreign currency from the Reserve Bank of Zimbabwe to deal with water and sewer problems.

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