Restaurant sues BCC in water cut off row

Mashudu Netsianda Senior Court Reporter
A BULAWAYO food outlet has filed an urgent chamber application seeking an order compelling the Bulawayo City Council to restore water supplies that were cut over a $10,000 water bill.

According to papers filed at the Bulawayo High Court last week, Burgersdrop (Pvt) Ltd is the applicant while Bulawayo City Council is cited as the respondent.

In his founding affidavit, the restaurant’s manager, Zimazile Sibanda, said the decision by the city council to disconnect water without a court order was in violation of the law.

“On March 27, 2015, the Bulawayo City Council unilaterally and without following any due processes came to our rented premises and removed a water meter in order to disable us from accessing tapped water. Respondent’s actions are not only illegal but smack of high handedness of the highest order,” said Sibanda.

He argued that part of the controversial water bill was incurred by the previous tenant who used to operate a car wash. Burgersdrop (Pvt) Ltd is leasing the property from AK Karbanee.

“When applicant took occupation of the property in 2012 there was an outstanding water and rates bill of more than $5,000. The previous tenant was operating a car wash from the same premises,” said Sibanda.

“The applicant through its director approached the Bulawayo City Council intending to open another water account under the applicant’s name but they refused, which was a calculated move to force us to inherit the previous tenant’s bill.”

Sibanda said he was seeking an interdict barring the council from interfering with the Burgersdrop (Pvt) Ltd water supplies without a court order.

In February the food outlet had its water disconnected, but council later resumed supplies after a verbal agreement was reached with the restaurant’s owner.

Sibanda accused council of breaching that agreement.

“During such discussion with the deputy chamber secretary, I pointed out that the bill had not been entirely incurred by us and it was agreed that we would pay the curent bill until an agreement was reached. Hardly two weeks after such agreement and before the current bill had been sent to us, the council has again disconnected water supplies,” said Sibanda.

Council is yet to respond to the lawsuit.