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Harare City Council claims that Mr Mushore owes US$1 700 when he argues that he had been religiously paying his bills in respect of Number 12 Northcliff Flats.
In the interim, Justice Chinembiri Bhunu has directed council to restore the water supplies pending confirmation of the order.
HCC, without approaching the courts, on May 31 this year disconnected water at the flat.
Mr Mushoriwa argues that council’s action was unlawful, a total disregard of the courts of law and an act of self-help.
“The action by the respondent is patently unlawful. It is an act of unilateral self-help which these courts have repeatedly frowned upon.
“It is a complete disregard of the rights of the applicant to peaceful and undisturbed possession of the premises in question and unjustifiable disregard of the due process.
“It gets worse when one considers that the respondent has not obtained a court order validating the disputed debt,” he said.
In the court papers filed by Nyamayaro Makanza and Bakasa law firm, Mr Mushoriwa argues that council has usurped the powers of the courts in deciding on disputed debts.
“Respondent has therefore, decided that the courts of Zimbabwe are of no use when it comes to resolving disputes. In fact, it has appointed itself the sole authority in deciding matters and executing its own judgments,” read the papers.
Responding to the application Town Clek Dr Tendai Mahachi argued that Mr Mushore had not paid the water bills and that he should not be allowed to continue enjoying the service that he was not prepared to pay for.
Dr Mahachi argued that Section 8 of the Water By-Laws Number 164/1913 authorises council to disconnect water supplies to any defaulting consumer and he quoted the relevant section as:
“Council may, by giving 24 hours notice in writing and without prejudicing its right to obtain payment for water supply to its consumer, disconnect supplies to the consumer:
“(a) If he shall have failed to pay any sum, which in the opinion of the council, is due under these conditions or the water by-laws.”
Mbidzo Muchadehama and Makoni law firm is acting for council in the matter.
Online Reporter