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Zvamaida Murwira, Senior Reporter
President Mnangagwa has invoked Presidential powers to save Ruwa Local Board’s movable assets from attachment after the High Court allowed the disposal of the assets to be executed to liquidate its debts.
The town can now keep its garbage trucks, mobile sewage equipment and other vehicles and equipment needed to keep the town running.
The President made it clear that his move sought to ensure that the 300 000 population of the town does not suffer serious public health risks if the court order was implemented and the equipment and vehicles were sold. The main reason for the President exercising his powers was the health risk the town faced.
The regulations by President Mnangagwa that were made in terms of Presidential Powers (Temporary Measures) are contained in Statutory Instrument 174 of 2024 gazetted yesterday.
The regulations acknowledged that the High Court, on June 18 this year ordered the sale or execution of movable assets belonging to Ruwa Local Board and that it should proceed without delay.
It also cited the legal provision that allowed the President to intervene because of public safety and public health when it appears to the Head of State and Government that a situation had risen or is likely to arise which needs to be dealt with urgently.
“And whereas the attachment of the movable assets of Ruwa Local Board includes critical service delivery equipment such as refuse compactors, graders, honey sucker, motor vehicles and sewer pumps essential for the delivery of basic services to the residents of the local authority.
“And whereas the inability to provide the aforesaid services in consequence of the attachment is likely to expose residents of the local authority and its neighbours to catastrophic health risks resulting from uncollected refuse, no road works, sewer blockages and interrupted water supply from burst pipes,” reads the regulations.
“And whereas it is estimated that the lives of over 300 000 residents are at the immediate risk of contracting diseases such as dysentery, typhoid and cholera unless immediate action be taken to restore the ability to the Local Authority to provide the necessary services to prevent any such outbreak:
“Now therefore, His Excellency the President, in terms of section 2 of the Presidential Powers (Temporary Measures) Act [Chapter 10:20], hereby makes the following regulations.”
The regulations first release from attachment all assets that the court order attached or threatened to attach and these now revert or remain with the local authority for the duration of the regulations.
The Constitution allows the President to exercise powers in the public interest, but the regulations will have a lifespan of six months and should be ratified by Parliament should there be need to extend them or to make them part of the country’s laws.
Online Reporter
Charles Duri