Resident sues City of Harare over Helcraw prepaid water meters

A Harare resident has filed an urgent High Court application to stop the rollout of prepaid water meters, alleging the system violates the Urban Councils Act and the Harare Water By-Laws of 1913. The lawsuit, filed by Bernadette Makaya through Zimbabwe Lawyers for Human Rights, claims the City of Harare and its partner, Helcraw Water, are unlawfully denying residents access to water by bypassing statutory notice requirements for disconnection.

Why are prepaid water meters facing legal challenges in Harare?

The legal challenge centers on the transition from a post-paid billing system to a “pay-as-you-go” model. According to court papers filed by resident Bernadette Makaya, the City of Harare and Helcraw Water—a firm linked to Zanu PF legislator Farai Jere—began installing these meters in 2025. Makaya argues that current legislation, specifically the 1913 Water By-Laws and the Urban Councils Act, only provides for a post-paid system where users pay after consumption.

The application states the city lacked the legal authority to introduce prepaid meters. Makaya’s lawyer, Tinashe Chinopfukutwa, argues that the authorities breached their duty to act lawfully under section 3 of the Administrative Justice Act. This shift isn’t just about payment timing; it’s about the legal framework governing a basic human right.

How does the shift to prepaid utilities impact human rights?

The primary concern raised in the High Court application is the automatic disconnection of water. Under the traditional post-paid system, law requires written notice before a utility provider can cut off service. In the prepaid model, the water stops the moment credit hits zero.

Makaya states in her affidavit that “the water supplies are just disconnected when the water credit is exhausted.” She argues that an indoor monitor showing a declining balance doesn’t satisfy the legal requirement for written notice. This creates a scenario where a basic necessity is severed instantly, potentially violating constitutional rights to water and sanitation.

The transparency gap: Locked boxes vs. indoor monitors

There is also a dispute over how water usage is verified. According to the court papers, the actual prepaid meters are enclosed in locked black boxes outside the home. This prevents residents from independently verifying the readings.

Residents must instead rely on a small indoor monitor. This lack of direct access to the meter creates an information asymmetry between the utility provider and the consumer, making it harder for residents to contest billing errors or technical glitches.

What happens when utility laws clash with new technology?

This case reflects a broader global trend where cities move toward prepaid utilities to solve revenue collection crises. However, as seen in Harare, the technology often outpaces the law. When a city replaces a post-paid system with a prepaid one without updating the governing legislation, it opens the door to “ultra vires” challenges—meaning the authority acted beyond its legal power.

The consequence of this clash is a period of legal uncertainty. If the High Court grants the order to suspend the rollout, the City of Harare may face significant financial setbacks, especially if the partnership with Helcraw Water involved upfront investments based on projected prepaid revenue.

Comparing the Post-Paid and Prepaid Models in Harare

The transition represents a fundamental change in the relationship between the citizen and the city. Here is how the two systems contrast based on the claims in the High Court application:

• Billing Cycle: Post-paid allowed for usage first and payment later; Prepaid requires payment before any water flows.
• Disconnection: Post-paid requires statutory written notice; Prepaid disconnects automatically via software.
• Verification: Post-paid meters were generally accessible for reading; Prepaid meters are reportedly kept in locked boxes.
• Legal Basis: Post-paid is supported by the 1913 By-Laws; Prepaid is alleged to have no supporting legal instrument.

Frequently Asked Questions

Is the prepaid water meter system legal in Harare?

The legality is currently being contested in the High Court. The applicant argues it is unlawful because it is not supported by the Urban Councils Act or the 1913 Water By-Laws.

Who is Helcraw Water?

Helcraw Water is the private partner collaborating with the City of Harare to install the meters. The company is linked to Zanu PF legislator Farai Jere.

What is the main risk for residents using prepaid meters?

The main risk is the immediate loss of water access without the written notice required by law once credits are exhausted.

What do you think about the shift to prepaid water? Is it a necessary step for city revenue or an infringement on basic rights? Let us know in the comments below or subscribe to our newsletter for updates on this court case.