Council begins seizing debtors’ properties

Nokuthula Dube

SIXTY debtors recently lost household property worth thousands of dollars to the Harare City Council in a blitz to recover more than ZiG458 million (about US$30 million) owed by ratepayers.

Last month, the City of Harare, through the Messenger of Court, attached household goods, including sofas and television sets, belonging to ratepayers with overdue accounts.

These items were subsequently sold through a public auction.

Residential, commercial and industrial debtors owe the council ZiG121 million, ZiG168 million and ZiG140 million, respectively.

Government ministries, departments, agencies and dormitory towns that rely on Harare for services such as bulk water supplies account for the rest of the debt.

Earlier this year, more than 4 000 residents with overdue balances exceeding 90 days were issued with court summonses after failing to respond to 14-day letters of final demand.

Harare subsequently won court orders to seize the residents’ properties.

To date, 60 residents have had their properties attached.

Documents obtained by The Sunday Mail reveal that one resident named Ms Julia Muteragumbe had her household property, including sofas and kitchen chairs, auctioned to recover US$390 and ZiG2 292 in unpaid rates and bills.

Negombwe Trading Company had its chairs, a Defy freezer and a TV set attached to settle a debt of more than US$347.

L.M. Auctioneers conducted the auctions on August 16.

Harare City Council head of corporate communications Mr Stanley Gama confirmed the development.

“Currently, we are attaching movable properties; we will extend to immovable properties later, but as for movable properties we have attached properties from 60 residents,” he said.

“There will be a sale in execution.”

The council’s latest move is in line with Sections 279 and 281 of the Urban Councils Act, which empower local authorities to institute legal proceedings to recover debts.

“The person who is the owner of any property on the date on which any rate fixed and levied by the council becomes due and payable shall be primarily liable for that rate,” reads Section 279 of the Act.

“If, on the date on which a rate becomes due and payable, the owner primarily liable has failed to pay that rate, a demand in writing may be served on him requiring him to pay the amount stated therein within 14 days of the service of the demand.

“If the owner primarily liable for a rate fails to comply with the demand . . . then any person who at any time during the period in respect of which such rate was fixed and levied — is the occupier of the property concerned shall, if a demand in writing is served on him by the council, be liable for such rate together with any other unpaid rates in respect of such property, not exceeding the amount of any rent in respect of such property due by him but not yet paid at the time of the demand and shall thereafter continue to pay such rents to the council until the amount of the unpaid rates has been paid off.”

Residents are, however, concerned about the accuracy of the council’s monthly bills given that Harare’s enterprise resource planning system has not been functioning for years.

As a result, most of the bills are based on estimates and often include charges for services that the city is not providing.

Harare Residents Trust executive director Mr Precious Shumba said: “The City of Harare is being led by insensitive, arrogant and unaccountable people.

“They have dismally failed to have a functional, transparent and accountable enterprise resource plan, a billing system since March 2019.

“We urge all the residents who have received summonses to respond to them within the given time and defend themselves against the inflated amounts, which are based on estimates and inclusive of services not provided by the City of Harare.

“The City of Harare has bureaucrats who have no understanding of the daily struggles of residents and, therefore, do not listen to the inputs of the people on public policy.”

Kuwadzana resident Mr Simbarashe Guvu, however, welcomed the move.

“This is a good move because we have a generation of residents that do not want to pay bills despite complaining about poor service delivery,” he said.

“They should attach houses of all defaulters like they used to do a long time ago.”

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