Chitungwiza residents sue council over sewage crisis, seek court order for infrastructure overhaul

Chitungwiza Residents Trust and eight residents have approached the High Court seeking an interdict compelling Chitungwiza Municipality to repair and upgrade its collapsing sewer system, arguing that years of sewage overflows have violated residents’ constitutional rights to health, dignity and a clean environment. The application, filed against Chitungwiza Municipality, the Minister of Local Government and Public Works, and the Environmental Management Agency (EMA), seeks an order directing the municipality to upgrade and repair the town’s sewer infrastructure within three months and publish an emergency short, medium- and long-term rehabilitation plan within a month. EMA is also being asked to monitor compliance with the plan.

In his founding affidavit, Chitungwiza Residents Trust board secretary Jacob Rukweza said the local authority had repeatedly failed to fulfil its statutory duty to provide adequate sewage collection, treatment and disposal services. “The repeated failure by the 1st Respondent to address the long-standing problem of poor sewage infrastructure, sewage treatment and disposal offends against the constitutional rights of residents,” Rukweza said. He said residents had endured years of burst sewer pipes, raw sewage flowing along roads and into homes, and intermittent water supplies, exposing communities to serious health risks.

“Over the years, Chitungwiza has experienced perennial water challenges, sewage bursts and free-flowing raw sewage effluent along roads and into homes,” the application states, adding that the deteriorating conditions have contributed to repeated cholera outbreaks in the dormitory town. The applicants allege that in Ward 6, sewage has flowed along a road used daily by pupils attending Tadzikamidzi Primary School and Zengeza 2 High School, while in Ward 12 raw sewage regularly enters homes along several residential streets. They further claim untreated effluent eventually reaches the Manyame River, posing health risks beyond Chitungwiza.

The court papers also accuse some municipal employees of demanding informal payments before attending to sewer bursts. “Residents often have to incentivize 1st Respondent’s employees to come and repair sewer bursts by collecting money from affected residents and giving it to them,” the affidavit alleges. “Such corrupt practices… undermine service delivery.” The applicants argue that…