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Bulawayo High Court
City of Kwekwe v Zimbabwe National Water Authority
HB 154/19
Case Details
Court
Bulawayo High Court
Date
17 October 2019
Citation
HB 154/19
Neutral Citation
[2019] ZWHB 154
Outcome
unknown
Case Type
Application
Bench
Presiding
Takuva J
Full Bench
Takuva J
Areas of Law
Administrative lawConstitutional lawContract law
Keywords
Right to waterWater disconnectionStatutory bodyContractual breach
Tags
Water supplyConstitutional rightsContractual disputesLocal authority
legislation
Statutes Cited
- Criminal Justice Act 2003
- European Convention on Human Rights
- Human Rights Act 1998
- Prison Act 1952
- Prison Rules 1999 (SI 1999/728)
- Crime (Sentences) Act 1997
- Criminal Justice and Court Services Act 2000
- Offender Management Act 2007
- Legal Aid, Sentencing and Punishment of Offenders Act 2012
- Criminal Justice and Immigration Act 2008
- Coroners and Justice Act 2009
- Constitutional Reform Act 2005
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant's claim is res judicata","issue_type":"procedural","dispositive":"no","related_facts":"Previous urgent application HC 2611/14"}
- {"issue_text":"Whether applicant exhausted domestic remedies","issue_type":"procedural","dispositive":"no","related_facts":"Available remedies under ZINWA Act"}
- {"issue_text":"Whether water agreement permitting supply reduction is unconstitutional","issue_type":"constitutional","dispositive":"yes","related_facts":"Section 77 constitutional right to water, agreement clauses 16 and 25"}
- {"issue_text":"Whether water agreement is ultra vires the enabling Act","issue_type":"legal","dispositive":"yes","related_facts":"ZINWA Act sections 5, 18 and 30"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case
Background
The City of Kwekwe sought a declaratory order against Zimbabwe National Water Authority (ZINWA) challenging the lawfulness of ZINWA's reduction of water supply to 20% due to non-payment of water bills totaling US$1,576,693.24. The applicant argued this violated constitutional rights to water and was unlawful.
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