Court prunes Muchinguri’s powers
THE High Court has outlawed the Zimbabwe National Water Authority (Raw Water Tariffs) Regulations, Statutory Instrument (SI) 48 of 2016, which gave Environment, Water and Climate minister Oppah Muchinguri powers to unilaterally review water tariffs.
Justice David Mangota made the ruling on May 3, 2018, following an application by Hippo Valley Estates (Ltd) and Triangle (Ltd), whose water tariffs had been increased by Muchinguri since December 2015.
In his affidavit, Hippo Valley and Triangle Limited’s water affairs executive, Enerst Eston, had submitted that Muchinguri’s move had violated the Constitution and as such should be nullified .
In his judgment, Justice Mangota said Muchinguri had missed the point and as such her decision was against the law.
“The respondent has no power at all to review the water tariffs in the first agreement. She reviews the water tariffs in the second agreement where Zinwa and the second applicant have failed to agree on the tariff which must apply to the latter’s consumption of water for its operations,” the judge said.
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