Zimbabwe Environmental Law Association v. Chitungwiza Municipality and Environmental Management Agency

Nature of the Case

The High Court of Zimbabwe held that the Chitungwiza Municipality violated its obligation to ensure the treatment of raw sewage generated within its jurisdiction, prevent the discharge of this untreated sewage into the environment, and provide potable water to its residents. The Court ordered the Chitungwiza Municipality to cease its unlawful acts and omissions, repair its water treatment plants, and pay the costs of the suit. Through the issuance of interdicts mandating inspections and compliance reports, the High Court established clear directives for enforcement.

Enforcement of the Decision and Outcomes

After EMA visited the area the Chitungwiza Municipality took time before repairing the sewage pipes. That specific area where the discharge was mainly coming from was fixed. However, sporadic sewage discharges in some parts of Chitungwiza remain. Enforcement and implementation of court decisions in Zimbabwe is often affected by lack of financial resources to execute the works amongst municipalities and Government departments.

Significance of the Case

Since its adoption in 2013, Zimbabwe’s new Constitution has included provisions concerning environmental rights, serving as the primary legal framework for safeguarding the environment within the country. These new rights have expanded the role of the judiciary in addressing ongoing environmental degradation through their judgments. Despite the country’s ongoing potable water crisis, Zimbabwean courts had been slow to taking an active role in enforcing the environmental rights of Zimbabwean citizens. This case sets a crucial precedent, as Zimbabwe’s High Court takes meaningful action to advance and enforce environmental rights by imposing an affirmative obligation on Zimbabwean authorities to ensure residents’ right to potable water and an environment free from harm to health or well-being.

For their contributions, special thanks to ESCR-Net member: the Program on Human Rights and the Global Economy (PHRGE) at Northeastern University.