adminFairness Moyana Hwange Correspondent
HWANGE residents who took ownership of National Railways of Zimbabwe (NRZ) houses in 2002 have dragged their former employer to court after electricity supplies were disconnected following a dispute over the settlement of a debt. The residents, mostly former employees of the struggling parastatal, through their association, approached the Hwange Civil Court seeking an interdict to compel NRZ to restore power supplies and produce itemised bills.
In their founding affidavit, Hwange Railton Residents Association through their lawyer Thulani Nkala of Dube and Company law firm, argued that NRZ was foregoing their mandate by unilaterally imposing its members to pay a fixed monthly electricity bill of $50 backdating to January 2013.
“Applicants are residents of various immovable properties which until May 2002 were owned by respondent (NRZ) in Hwange. Respondent unilaterally decided that applicant’s members pay a fixed monthly electricity bill of $50 backdating to January 2013 of which applicant raised concern over and requested that respondent issue it with itemised bills since the properties have functional energy meters.
“The NRZ station master in Hwange acting in his official capacity then sent security officers to forcibly enter applicant’s homes and illegally disconnect electricity from members’ properties. It is with this action that applicant now approaches this honourable court for relief as it has approached the respondent highlighting that it be furnished with itemised bills as it is desirous to settle whatever it owed once there is undisputed proof for its energy use/consumption. This is an application for an interdict,” said the residents.
However, the NRZ argues that the residents were neglecting their obligation to pay for a service which was causing the huge debt it owes Zesa to keep accruing.
“The problems the members of the Applicant are facing are self-created as they are the same members that have failed to pay for electricity. It is illogical and unreasonable for one to enjoy a service that they is not paying for. Zesa has not stopped billing the respondent and we keep on accruing huge bills on account of the tenants who have not paid,” said NRZ in its defence.
NRZ argues that it entered into an agreement with the residents to pay $50 a month regardless of how much they owed pending the issuing of bills. The disconnections were necessitated after the residents reneged on payments, added NRZ.
Before civil court magistrate, Mrs Rose Dube could conclude on the matter both parties requested and agreed to an out of court settlement.
Meanwhile, the Hwange Railways Business People Association also filed for an interdict and relief after water and electricity supplies were also disconnected arguing that NRZ was in breach of agreement after they furnished the utility with payment plans.
“Respondent made us to make payment plans for rentals arrears which we both agreed on and signed but they (NRZ) suddenly change and are demanding all the balance of arrears. This is regardless of the fact that we have been paying monthly instalments for several months, they went on to switch off electricity supply on 8 March. Since then we have lost business and cannot be able to source for income to pay the bills,” said Mr Sonny Maseko, chairperson of the association.
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