Statutory Instrument II0 of 2017.
Presidential Powers (Temporary Measures) (Extension of State Liabilities Act to the Assets of Chitungwiza Municipality) Regulations, 2017
WHEREAS the High Court, on the 6th September, 2017, ordered that the sale in execution of moveable assets belonging to the Chitungwiza Municipality should proceed without delay;
AND WHEREAS it is provided in section 2(1 )of the Presidential Powers (Temporary Measures) Act [Chapter 10:20[ that "When it appears to the President that a situation has arisen or is likely to arise which needs to be dealt with urgently in the interests [inter alia] of ... public safety .... [and] public health ... and the situation cannot adequately be dealt with in terms of any other law; and because of the urgency it is inexpedient to await the passage through Parliament of an Act dealing with the situation; then, subject to the Constitution and this Act, the President may make such regulations as he considers will deal with the situation";
AND WHEREAS the attachment of the moveable assets of the Chitungwiza Municipality includes vehicles and equipment used for refuse collection, repairing sewer blockages and burst water pipes, fire fighting and prevention, road maintenance and other assets essential for the delivery of basic services to the residents of the Municipality;
AND WHEREAS the inability to provide the aforesaid services in consequence of the attachment is likely to expose the residents of the Municipality to catastrophic health risks resulting from uncollected refuse,sewer blockages and interrupted water supply from burst pipes;
AND WHEREAS it is estimated that the lives of over 354 000 residents are at immediate risk of contracting diseases such as dysentery, typhoid and cholera unless immediate action be taken to restore the ability ofthe Municipality to provide the necessary services to prevent any such outbreak:
NOW, THEREFORE, HIS Excellency the President, in terms of section 2 of the Presidential Powers (Temporary Measures) Act [Chapter 10:201, hereby makes the following regulations:-