adminMashudu Netsianda Senior Reporter
THE Bulawayo City Council (BCC) is locked in a legal wrangle with prominent city businessman, Ernest Marima, over a debt of more than $75,000 in unpaid water charges.
The municipality has filed an application at the Bulawayo High Court seeking an order compelling Marima, who owns several properties in the city, to settle the debt amounting to about $75,000 accrued over a five-year period.
The debt is in respect of one of Marima’s properties situated along Fife Street.
In court papers, the BCC, which is being represented by R Ndlovu and Company, is the applicant while E Marima Investments (Pvt) Ltd was cited as the respondent.
In her founding affidavit, Sikhangele Zhou, the council’s chamber secretary, seeks an order that compels Marima to pay the debt including a six percent interest rate per annum calculated from July 18, 2014 and the cost of suit.
“The respondent has been charged rates on a monthly basis and during the period extending from September 2009 to June 2014, he has been partially paying monthly bills.
“Marima has always acknowledged the bills and arrears by making those partial payments which have however, left an outstanding figure of $75,257,58,” said Zhou.
She said despite their lawyers having written a letter of demand to Marima, the businessman has remained defiant.
“On July 18, 2014, the council through its lawyers wrote a letter of demand to Marima to settle the outstanding arrears but he neglected to pay the money.
“We then instituted summons under case number HC1900/14 and the respondent entered an appearance to defend which was solely meant to delay the inevitable as the plea does not proffer any bona fide defence,” argued Zhou.
Marima through his lawyers, Sansole and Senda Legal Practitioners, has filed opposing papers and accused the council of hiking rates without any justification.
“I’ve always been discharging rates on the property in question. It is evident from the records that I’ve honoured my obligations but, however, the applicant (council) continuously increased rates without any justification and due explanation.
“I cannot be expected to keep paying rates at the mercy of council,” said Marima in his opposing affidavit.
He also challenged the interest charged by council, arguing that it contravened provisions of the Prescribed Rates of Interest Act.
“The council does not specify interest that has accrued but increases the amount owing in an arbitrary nature.
“I accordingly deny that I owe the applicant the amount alleged as I continue to pay reasonable rates every month,” said Marima.
The businessman accused the local authority of inflating figures and failing to justify them.
“Wherefore I respectfully pray that this honourable court grant an order that dismisses the application for summary judgment by council and grant me leave to defend the action,” said Marima.
He also wants council to pay the cost of the suit at an attorney-client scale.
BCC has resorted to taking defaulters to court as the cash strapped local authority seeks to recover money owed as rates and water charges.
The council is owed more than $90 million by defaulters.
Londile Moyo
Bongani Ndlovu