Residents say raw sewage flowing through streets, homes violates constitutional rights to dignity, life and a healthy environment

Harare — The Chitungwiza Residents Trust (CHITREST), together with eight individual residents, has filed an urgent application at the High Court seeking a declaratory order and interdict against the Chitungwiza Municipality over the town’s decades-long sewage crisis, court papers filed on 29 June 2026 show.

The applicants want the court to declare that the municipality’s failure to put in place adequate measures for the collection, conveyance, treatment and disposal of raw sewage violates sections 48 (right to life), 51 (right to dignity) and 73(1) (right to a safe and healthy environment) of the Constitution of Zimbabwe, as well as several provisions of the Urban Councils Act, the Environmental Management Act and the Public Health Act.

“The repeated failure by the 1st Respondent to address the long-standing problem of poor sewage infrastructure, sewage treatment and disposal offends against various constitutional rights and national laws,” Jacob Rukweza, the trust’s board secretary, states in the founding affidavit.

‘Sewage has become normal’

The application paints a harrowing picture of life in the dormitory town, where residents say raw sewage has become a permanent fixture in their daily lives.

Langton Nyakudya, the second applicant, says a sewage manhole is located within his premises in Unit A, and raw sewage from surrounding areas regularly overfills and spills onto his yard.

“To alleviate the situation, I often have to move door-to-door to request my neighbours to flash their toilets so that the raw sewage flows away,” he states in his supporting affidavit.

In Zengeza 5, raw sewage effluent routinely flows along Gombe Close, while the road between Tadzikamidzi Primary School and Zengeza 2 High School — heavily used by students from both schools — is regularly covered in effluent.

In Nyatsime, residents are compelled to cross sewage-contaminated swamps on foot to access public transport, while vegetables grown in these swamps are sold at flea markets across Chitungwiza, creating a serious risk of widespread waterborne disease.

Ageing infrastructure overwhelmed

The sewer crisis in Chitungwiza has persisted for years, with the town’s ageing infrastructure — much of it installed in the 1970s — increasingly failing to cope with population growth and rising demand. The system was originally designed to cater for only a fraction of the current population.

Public health experts have repeatedly linked poor sanitation, burst sewer pipes and unsafe water sources in Chitungwiza to recurring cholera and typhoid outbreaks.

The affidavit details how residential and commercial expansion has occurred without commensurate upgrades to sewage infrastructure. In some areas, houses have been built directly on top of sewer lines, contributing to blockages and bursts. In Unit O Extension, homes constructed on wetlands lack proper sewer connections, forcing residents to use unapproved septic tanks that regularly overflow.

Corrupt practices hamper repairs

Residents allege that corrupt practices by municipal employees have undermined service delivery. “On many occasions, residents often have to incentivise 1st Respondent’s employees to come and repair sewer bursts by collecting money from affected residents and giving it to them,” Rukweza states in the founding affidavit.

The trust wrote to the municipality on 17 March 2026 demanding a long-term plan to address the crisis and immediate remedial measures. The letter, the applicants say, “did not elicit the courtesy of a professional response or any remedial action on the part of the 1st Respondent”.

Relief sought

The applicants are seeking an order compelling the municipality to upgrade and repair the sewer system within three months, and to prepare and publish an emergency plan for short, medium and long-term sewage infrastructure repairs, maintenance and upgrades within one month.

The Environmental Management Agency (EMA) is cited as the third respondent and would be directed to monitor compliance with the order.

The second respondent, the Minister of Local Government and Public Works, is cited for information purposes only.

‘Clear and definite right’

The applicants argue that the requirements for an interdict have been satisfied, citing a clear and definite right under the Constitution, an injury actually inflicted, and the absence of alternative remedies.

“There is simply no substitute to a clean, safe and healthy environment. There is no other remedy available to hundreds of poor residents as the 1st Respondent is the only body with the legal obligation and mandate to provide for adequate sewage disposal,” Rukweza states.

The trust is represented by Zimbabwe Lawyers for Human Rights. The matter is yet to be set down for hearing.