Residents and ratepayers in Chitungwiza have petitioned the Zimbabwe Human Rights Commission (ZHRC) to investigate what they describe as persistent industrial pollution in the town, warning that untreated effluent flowing into waterways is threatening public health, contaminating Lake Chivero and violating constitutional rights.
In the petition, the residents urge the Commission to probe the discharge of oily industrial waste into a river behind the Surface Industrial Area arguing that the pollution breaches both environmental laws and citizens’ rights to a clean environment and safe drinking water.
The petitioners said they were acting on behalf of Chitungwiza residents and were committed to protecting “the rights, welfare, dignity and safety of residents within Chitungwiza and the Harare Metropolis.”
Citing Sections 73 and 77 of the Constitution, the residents argued that every Zimbabwean is entitled to an environment that is not harmful to health and to access safe, clean and potable water.
The petition alleges that industries operating in the area are discharging untreated effluent into the environment instead of using sewer reticulation systems and appropriate pre-treatment facilities as required by the Environmental Management Act.
“We are worried by the discharge of industrial effluent (oily substances) into the river behind Surface Industrial Area in Chitungwiza,” the petition states.
The residents further argue that the “polluter pays” principle contained in the Environmental Management Act has not been effectively enforced, allowing companies to continue polluting with little consequence.
“The pollution fines have not been a deterrent to minimize or stop pollution. It has become cheaper to pollute than to comply with environmental laws,” the petition reads.
According to the petitioners, the continued pollution is undermining constitutional guarantees to a clean environment and safe water while exposing communities to significant health risks.
They also warned that contamination of rivers feeding into Lake Chivero, the main water source for Harare and Chitungwiza was having far-reaching environmental and economic consequences.
“Pollution is happening upstream and in the catchment of Lake Chivero, the primary water source for the Harare Metropolis and Chitungwiza and the lake is now heavily polluted by industrial waste,” the petition says.
The residents argue that pollution has reduced water production, increased the cost of water treatment, contributed to the ban on fishing activities and damaged biodiversity, while also affecting agriculture and other economic activities.
They added that ordinary residents were ultimately paying the price through rising water tariffs and the loss of livelihoods.
“The pollution is a public health issue… residents are bearing the cost of the pollution through increased water tariffs for both commercial and domestic users, and loss of livelihoods,” the petition states.
The petition calls on the Zimbabwe Human Rights Commission to investigate the alleged environmental rights violations, secure appropriate redress and recommend stronger legislative measures to Parliament to protect citizens’ constitutional rights to a clean environment and safe water.
Among its requests, the residents want the Commission to conduct research into corporate water pollution and recommend reforms that would strengthen enforcement of environmental laws.
The petition concludes by urging the Commission to intervene to ensure that the pollution around the Surface Industrial Area is addressed and that residents’ constitutional rights are upheld.
“Your Petitioners pray that the Zimbabwe Human Rights Commission will be pleased to take this matter into favourable consideration, investigate the circumstances surrounding the Chitungwiza Surface Industrial Area, and take actions aimed at the realization of the right to a clean environment that is not harmful to the well-being of residents, and the assurance that all necessary measures will be taken to protect human life and uphold constitutional rights.” read the petition
