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Court orders council to reconnect water

by Mafu Sithabile
20 Sep 2013 at 13:02hrs | Views
THE Bulawayo City Council which last month disconnected water supplies to Contact Family Counselling Centre for non-payment of rates and water bills, has been ordered by the Court to reconnect the supplies.

Bulawayo magistrate Ms Sibongile Msipa sitting at the Civil Court yesterday granted an order compelling the local authority to reconnect water to the centre situated at Number 9 Barbour Avenue, Parkview with immediate effect.

Ms Msipa also interdicted the council from disconnecting water supplies from premises for non-payment of rates, in terms of the Urban Councils Act, Chapter 29:15.

According to court documents, the centre had water supplies disconnected on 23 August for non-payment of rates and water bills which had accumulated to $9 075.19.

The centre's director, Mrs Nompumelelo Mlotshwa, through Phulu and Ncube Legal Practitioners approached the courts seeking an order compelling the council to reconnect water supplies, arguing they were not in arrears in respect of water bills as they had paid.

In her founding affidavit, Mrs Mlotshwa said the local authority had on its disconnection notice failed to clearly indicate whether the disconnection was in respect of rates or water charges.

She said the council had illegally disconnected her organisation in terms of the Urban Councils Act, Chapter 29:15, which does not provide for water disconnection for arrears in rates, adding that there was no legal justification for the council's decision.

"Our operations drastically declined. We do about 6 000 counselling sessions per year and if we remain without water we would be forced to close and those who may require counselling for HIV and Aids, sexual abuse and other such problems will be affected," said Mrs Mlotshwa.


Source - Byo24News
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