Harare loses 15 cars to Manyame council

belonging to the Harare City Council over unpaid water levies.
Manyame is owed US$240 000 in outstanding levies for water drawn from Manyame, Seke and Chivero dams last year.
Removal of the attached vehicles from Town House has been set for today.
According to the notice of removal, dated February 18, council will lose seven Mazda BT50 vehicles, four Mitsubishi trucks, a Nissan Hardbody, a Hino truck and two omnibuses.
Harare City Council has filed an application to block seizure of the vehicles.
In an application brought under a certificate of urgency at the High Court yesterday, the council wants a stay of execution citing what it feels are irregularities in the writ of execution relied upon.
Harare town clerk Dr Tendai Mahachi stated in the papers that council had cleared the debt with Upper Manyame and the writ was irregularly issued.
The catchment council’s writ, Dr Mahachi argues, included amounts of money that were not indicated in the summons.
He urged the court to stay execution.
In the event that the vehicles are removed, it is the municipality’s wish that the property be returned.
Council claims its debt stood at US$944 885,20 for water used between February and December 2009 and summons were issued.
During a pre-trial conference, the parties agreed to reduce the figure to US$556 065,27 – a figure council said was paid.
The papers say a deed of settlement was drawn concerning the debt in question.
Dr Mahachi argues that the current writ for US$240 000 was defective because it based on the deed of settlement that was valid for the paid up US$556 065,27 debt.
“The deed of settlement did not grant the respondent the right to continue to execute against every future deal. It merely fixed the charge for the future.
“The writ was therefore issued on the basis of a misrepresentation of the said deed of settlement.
“Upper Manyame Catchment Council has included levies which became due after January 2010.”