Sundaymail Editor
Online Reporter
The Commercial Federation of Manicaland Trust (CFMT) has taken the Mutare City Council (MCC) to court, challenging the legality of rates being levied on commercial and manufacturing operators in the city.
The Trust accuses Mutare City of hiking rates by 350 percent in its 2020 supplementary budget before consulting stakeholders.
According to CFMT, the local authority did not publish the rate increases, and residents did not get a chance to object.
This prompted it to file a High Court application seeking a declaratory order to nullify the new rates.
In his founding affidavit filed at Mutare High Court a fortnight ago, CFMT manager Mr Phibeon Ngorima said the budget processes were not procedural.
“The application is for a declaratory order that the budget process adopted in the formulation of both the 2020 supplementary and 2021 annual budgets adopted by the 1st respondent (MCC) was un-procedural and flouted the provisions of the Urban Councils Act (Chapter 29:15),” Mr Ngorima submitted.
“This application is made in terms of Section 85 of the Constitution of Zimbabwe Amendment (No 20) Act, 2013, hereby referred as the Constitution, on the basis that the 1st respondent has violated the applicant (CFMT) rights as guaranteed in section 68 of the Constitution and the threat and act of imposing unaffordable rates will and has impact on property rights afforded in section 71 of the Constitution.”
The rates and tariff increases imposed by Mutare City, he added, contravened provisions of the Urban Councils Act.
“These increases are both unbearable and irrational in that they do not take into consideration the plight of its ratepayers from the financial turmoil facing the Zimbabwean economy driven by consequences of Covid-19 pandemic.”
The matter is still to be set down for hearing.
Online Reporter