President Emmerson Mnangagwa has utilized his temporary powers to safeguard the Ruwa Local Board’s equipment from being auctioned off, following a court order obtained by a creditor.
The High Court had initially ruled in favour of the creditor, allowing the sale of execution of the board’s movable assets.
Through Statutory Instrument 174 of 2024, titled Presidential Powers (Temporary Measures) (Extension of State Liabilities Act to the Assets of Ruwa Local Board) Regulations, 2024, the President has temporarily halted the auction.
The regulation cited concerns over public safety and health, specifically the potential risk of contracting diseases such as dysentery, typhoid, and cholera due to disrupted basic services.
According to the regulation, over 300,000 residents would have been at risk if the auction had proceeded.
The attached assets, including critical service delivery equipment such as refuse compactors, graders, honey suckers, motor vehicles, and sewer pumps, will now remain in the possession of the local authority.
“AND WHEREAS the inability to provide the aforesaid services in consequence of the attachment is likely to expose residents of the Local Authority and its neighbours to catastrophic health risks resulting from uncollected refuse, no road works, sewer blockages and interrupted water supply from burst pipes;
“AND WHEREAS it is estimated that the lives of over 300 000 residents are at the immediate risk of contracting diseases such as dysentery, typhoid and cholera unless immediate action be taken to restore the ability to the Local Authority to provide the necessary services to prevent any such outbreak,” read part of the notice.
The regulation applies the State Liabilities Act to legal proceedings against Ruwa Local Board and releases all previously attached assets.
“In particular, and for the avoidance of doubt, all assets of the Local Authority that were attached or are threatened with attachment and sale in execution by virtue of High Court order number HC 5365/22, are hereby released from attachment and revert to or remain in the possession of the Local Authority for the duration of these regulations,” the notice stated.
The Presidential Powers (Temporary Measures) Act allows the President to make regulations in urgent situations.
