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Harare High Court
Jean Chingwena v Harare Municipality
HH 482-18
Case Details
Court
Harare High Court
Date
15 August 2018
Citation
HH 482-18
Neutral Citation
[2018] ZWHH 482
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
MANGOTA J
Full Bench
MANGOTA J
Areas of Law
Administrative LawPublic LawProperty Law
Keywords
water supplydisconnectionstatutory bodymandament van spolieUrban Councils Act
Tags
water disconnectionmandament van spolielocal governmentutility services
legislation
Statutes Cited
- Urban Councils Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the respondent acted lawfully in disconnecting water supply for non-payment","issue_type":"law","dispositive":"yes","related_facts":"Applicant's non-payment of bills, 24-hour notice given, billing based on estimates"}
- {"issue_text":"Whether the applicant established a prima facie case for mandament van spolie relief","issue_type":"law","dispositive":"yes","related_facts":"Alleged unlawful dispossession of water supply"}
- {"issue_text":"Whether billing based on estimates is lawful under the applicable regulations","issue_type":"law","dispositive":"no","related_facts":"Applicant denied access to meter readers, billing done on estimates"}
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background
Facts of the Case
Background
The applicant, a resident of Harare, sought urgent relief against the respondent municipality for disconnecting her water supply. She alleged the disconnection was unlawful and sought reconnection and damages. The respondent admitted disconnection but claimed it was lawful due to non-payment of water bills.
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