CASE BRIEF

ZELA vs Chitungwiza Municipality 2778/2020

ZELA filed a case at the High court of Zimbabwe for a structural interdict against City of Harare. This case was filed against the following background, from as far as 2013 Chitungwiza Municipality has been responsible for water pollution within its jurisdiction by causing the discharge of untreated sewer into the water bodies that provide drinking water to the area. Further, Chitungwiza municipality`s water and sewer treatment plants due to poor maintenance and general neglect are no longer fully functional.

In this case ZELA seeks the following remedy

• Chitungwiza Municipality be interdicted from releasing untreated sewer into the water bodies or any part of the environment.
• Chitungwiza Municipality to be ordered to upgrade and repair its water treatment plants and sewer systems to ensure proper treatment of effluent before discharge into the environment and water bodies within three months of receiving the order from the High Court of Zimbabwe.
• Environmental Management to monitor the progress and compliance and submit reports to the registrar of the High court.

It is important to note that Chitungwiza is one of the municipalities that have been having serious water challenges in Zimbabwe without any action by the City fathers. The Environmental Management Agency has even tried to drag the municipality to the criminal courts in terms of the Environmental Management Act to no avail. This case will bring a relief to thousands of Chitungwiza residents who have been going through this without any recourse.

ZELA is being represented by Mr Richard Ncube