Resident sues Byo City for failing to supply water

 

BULAWAYO - A resident has sued the city of Bulawayo in the High Court over its failure to provide potable water for Pelandaba West residents.

Nylon Gatsheni, 50, argued failure to provide water will cause an imminent and substantial endangerment to public health, according to the lawsuit filed by his lawyers Dube Banda, Nzarayapenga Legal Practitioners in the High Court in Bulawayo.

He cited Water minister Oppah Muchinguri-Kashiri, Bulawayo City Council (BCC) and Edmund Campion Takawira Shonhiwa, the land developer of Pelandaba West Housing Project, as respondents.

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“The lack of water and sewer connection at Pelandaba West is a recipe for a health disaster.

“There are 37 individuals who are members of the class of persons aggrieved by the actions of the respondents in failing or neglecting to connect water to the residents of Pelandaba West Housing Project,” he said in court papers.

“I am a pensioner and will mostly encounter serious challenges to enforce my claim as an individual since I do not have enough resources to mount a legal challenge against the respondents.

“A class action is the appropriate recourse to enforce my right.”

Gatsheni accused the BCC of flagrantly breaching his fundamental right to safe, clean and potable water.

“The State is obligated to take reasonable legislative and other measures within the limits of the resources available to it, to achieve the progressive realisation of this right. The positive duties are imposed on the State by section 7 (a) of the constitution as read with section 6 of the Water Act and section 183 of the Urban Councils Act,” Gatsheni argued.

He has also filed a motion to bring a class action suit, of the 37 affected residents, who he said are low income earners.

“I submit that in all the circumstances of this case a class action is appropriate and I pray for an order in terms of the draft,” he said.