A Bulawayo company was recently forced to temporarily shut down its operations after the local authority failed to address the problem of raw sewage that was flowing into their premises due to a faulty pipe.
The company, Meridian Commodities, which is into transport and logistics had to approach the High Court, where they were, last week, granted an interdict compelling the Bulawayo City Council to attend to the problem.
According to court papers, the company through its lawyers Cheda and Cheda Associates, had initially wrote to the local authority to address the matter, which they had agreed to do before reneging on their commitment.
“Sometime during the month of October 2023, the applicant (Meridian Commodities) started to experience sewage leaks onto their main premises. The leaks owed to a faulty pipe that was failing to properly drain the waste effluence, as a result the raw waste ended up flooding the head office through the ablution facilities.
“The applicant contacted the respondent (BCC) on numerous occasions about the leak, but to no avail, resultantly, the applicant was forced to briefly shut down operations owing to the unpleasant floods which were predictably accompanied by a putrid odour. The premises were unworkable and are a health hazard and a breach of all environmental policies,” reads part of the application by Meridian Commodities.
“To minimise its loss, applicant resorted to making its own temporary drainage facilities as well as soak ways in order to divert the waste from their premises which were unworkable on and certainly inhabitable. The applicant kept enquiring from the respondent as to when they were going to attend the leaks, but the enquiries continually fell onto deaf ears.”
After the company’s lawyers wrote to the local authority on 18 January, the latter responded by sending its employees to inspect the premises and subsequently its management team who made an undertaking to assist the company in maintaining the temporary drainage facilities in two days intervals as well as attend to and fix the faulty main pipe as soon as possible.
“It appeared, for the first days the respondent honoured its undertaking as trucks were sent on regular intervals to clear the soak ways and the temporary trenches, although no sterilising of the area was undertaken. On Thursday, February 8,2024 to be specific, the respondent abruptly reneged from our undertaking. The respondent did not come to the premises as was agreed.
“Efforts to contact with the respondent also fell on deaf ears as they kept making promises that were not adhered to. The situation had once again gone back to square one. The pipes started leaking and waste was flooding the offices again. To date the waste still flows uncontrollably into our offices , our temporary draining systems cannot hold waste anymore and our soak ways are also full. Currently it is impossible to work on the premises because the waste keeps piling up inside the building and the odour is unbearable,” reads the court application.
According to the interdict that was granted ,the local authority were ordered to within 48 hours clear and clean effluence that has piled up in applicant’s premises at its own costs and further within 48 hours attend to drain the applicant’s full soak ways as well as the temporary drainage canals constructed by the applicant as well as sterilize the affected area at its own cost.
“The actions of the respondent are hereby declared to be unlawful as they are ultra vires the Bulawayo (Sewage, Drainage and Water) By-laws, 1980. The respondent be and is hereby ordered to fix the main sewer pipe that services the applicant’s premises within 48 hours of this order at its own costs. The respondent be and is hereby ordered to maintain the main sewer pipe that services applicant’s premises at all material times.”
SOURCE : SUNDAY NEWS
