Zinwa sued | The Herald 17 October 2014
Laubscher Services, a Harare bulk water supplier, has filed an urgent chamber application at the High Court against the closure of its business by water authorities.
Laubscher Services, trading as LS Waters, is accusing the Zimbabwe National Water Authority (Zinwa), the Minister of Environment, Water and Climate, the Upper Manyame Sub-Catchment Council (UMCC) and chief hydrologist Mr Robert Mutepfa and Engineer Mvura for the closure of its business of delivering bulk water to residents who do not have running taps.
LS Waters, represented by lawyer Tinashe Tanyanyiwa of Messrs Manase and Manase Legal Practitioners, is also seeking remedy to the disagreements between the firm and the respondents.
According to the court application filed on September 26, there has been a dispute between LS Waters and third respondent, UMCC on the amount of water the company is allowed to abstract.
“The applicant has since applied for permits for the boreholes which UMCC has given permission for it to drill, but has not been using them because UMCC refuses to release permits although payments have been made,” read the court order.
Mr Tanyanyiwa said UMCC had filed a notice of opposition and his client was awaiting the High Court position on urgency of the court application. He said the closure of LS Waters led to his client being unable to conduct business and failing to meet other charitable obligations.
COMMENTS
The path to sustainable groundwater management in Harare does not lie through the courts. LS Waters has been abstracting 500,000 litres per day, and thereby drying up the local aquifer and depriving surrounding residents of water from their own private boreholes.
LS Waters behaviour is characteristic of what has been termed “a race to the bottom”. Groundwater is a common pool resource, and as such, its management needs to consider all stakeholders.
Sadly Zimbabwe has been embroiled in politics instead of development for the past 34 years, and one result is the collapse of water supplies in the capital city.
The groundwater resources under the city are insufficient to supply water to the residents, and numerous boreholes have already dried up permanently and the others dry up earlier each year. It certainly is not a sustainable solution to pump out every last drop of groundwater as the bulk water sellers have been doing.
Excellent letter from Owen!These water companies are extracting just too much water from our aquifers!Eventually there will be no more water left for the city of Harare.And boreholes will just become deeper as the water level goes down!Water extraction should not be allowed with in City limits!