AS THE WORLD WATER DAY DAWNS – INTEROGATING PRE-PAID WATER METERING AS A POLICY OPTION FOR LOCAL AUTHORITIES IN ZIMBABWE With the dawn of the World Water Day on 22 March 2015 running under the theme “Water and Sustainable Development”, as a human rights activist on water issues I felt compelled to interrogate prepaid water metering as a policy option and also join the boiling pot of contemporary water governance discourse dominating Local Authority debates. Citizens and policy makers need to make choices from an informed basis and hence my desire to try and give a balanced analysis of politics and dynamics at stake here when you talk of pre-payment for water as a policy option. The theme of 2015 is about how water links to all areas we need to consider to create the future we want. The theme recognize that water is health, water is nature, water is urbanization, water is industry, water is energy, water is food, and that water is equality. To do justice to this policy discourse, the writer will try to also trace where prepayment for water emanate from and will try to envisage the outlook of the institutional framework likely to support pre-paid water metering, informed of course by government policy documents. WHY PRE-PAID WATER METERING AS A POLICY OPTION? – REASONS BY LOCAL AUTHORITIES First and foremost there is need to state reasons why Local Authorities have opted to pre-payment metering and much of the reasons will be informed by what Mayors and Councilors for town councils had to say during formal engagements with this writer. The first reason is to Increase Revenue. Policy makers and staff at Local Authority level view pre-payment as an effective policy to deal with unaccounted water, and the culture of non-payment purportedly emerging out of a sense of entitlement for water. The other reason is to reform the culture of township/high density suburbs residents, and establish a new conception of civic virtue. Their argument is that once revenue is generated through the pre-payment system access to water is ultimately improved. Establishing a new economy of water consumption is another reason. The perception is that due to the discourse on climate change and the possibility of erratic rainfall we have to economize our use of water. Band wagon, the fact that others are doing it and therefore let’s follow the crowd of nations is one of the reasons. Pre-payment for has also been used as a depoliticizing device in the context of rent boycotts due to poor services. SETTING THE CONTEXT AND IMPORTANCE OF POLICY, LEGAL AND REGULATIONS ANALYSIS IN RELATION TO PRE-PAID METERING. Residents within urban areas are facing serious water challenges emanating from a variety of factors. There is erratic supply of water (some accessing only at midnight), water disconnections caused by nonpayment for services (water included), poor water quality, water pollution (Lake Chivero amongst the top 10 dirty lakes in the world), and massive destruction of water sources in particular wetlands. Although Zimbabwean government produced a National Water Policy in March 2013 which was dominated by civic exclusion in its crafting processes, Local Authorities have not had the zeal to craft their policies on water. The National Water Policy provides for the creation of Water Utility Boards that will operate at Local Authority/Municipality level. The experience in South Africa through Johannesburg Water Utility as well as experience with Water Utilities the world over has shown that Water Utility Board pave way for the installation of pre-paid water meters. Harare has already made some developments in composing a Water Utility Board sometimes referred to as Greater Harare Water Utility Board. Full council meetings minutes during the last quarter of 2014 reveal that councilors at some point asked whether Harare Water Utility was a private company or within the confines of Harare Municipality. At a policy debate hosted by Community Water Alliance to analyze the National Water Policy in 2014, Tony Lampard an Environment Expert expressed concern on creating Water Utility Boards in the same way and manner in which the “now bankrupt” ZINWA Catchment Boards were created. He made reference to the fact that Water Utility Boards might, just like ZINWA Catchment Boards, be ready cash cows for those in positions of authority. Whilst Zimbabwe has a national water policy, there is also a SADC Regional Water Policy that was produced in 2005. The Regional Water Policy also helps in broadening the debate to meet regional standards. The writer will not dwell on the 2005 SADC Water Policy due to time constrains. However time permitting readers can Google the document, read it and see the spirit in the policy in contrast to what Zimbabwean government offer through its water policy. ZIMASSET the government economic blueprint, provides a contextual setting also for interrogating policy relations with the pre-paid water metering agenda. ZIMASSET makes provisions for public-private partnerships as a viable option to finance water. The economic blueprint has not clarified the form that these partnerships should take. There is a high possibility that the Local Authorities might engage a private company/institution to install pre-paid water meters given resource constrains to bankroll the process. Any private business entity operates with profit generation as its objective. There is a high likelihood that the ZIMASSET public-private partnership option might be embraced. Part of the politics that people need to keep at the back of our minds is the awarding of tenders to this process. Already the China Eximbank loan meant to cater for rehabilitation of Morton Jaffray Water Works is an eye opener. The 144million which is administered through an offshore account, is one example of a public-private partnership. According to a report by the Special Committee appointed by Harare Council in terms of Section 100 of Zimbabwe’sUrban Councils Act (Chapter 29:15) dated 3 June – 3 July, contract prices for works equipment, machinery and other accessories were overpriced. The report established that the actual cost of three warehouses constructed is USD700 000 rather than USD2, 600 000 charged. A research by the Business Engineer and Financial Management Specialist Thomas Gass commissioned by GIZ established that “pre-paid water metering do not underlie legal restrictions”(Assessment and Opportunities of Pre-paid Metering Systems in Zimbabwe Municipalities). Many people in Zimbabwe live below the poverty datum line and hence “provisions of equity in terms of water supply is key”. Section 77a of the Constitution of Zimbabwe provides for the right to water. It is therefore prudent that any policy, legislature and regulation on water, the pre-paid metering policy included guarantee availability, accessibility, affordability, acceptability, quality and safety of water. The international community has highlighted its stance on water provision with efforts such as the International Covenant on Social, Economic, and Cultural Rights General Comment 15, the Convention on Elimination of Discrimination Against Women (CEDAW) and UN Human Rights Council resolution 12/8 etc. These international treaties resonate with Section 77a of the Constitution of Zimbabwe. An ignorance of this legal and policy contextual setting will breed Local Authorities that are not accountable to citizens. The relation of the policy and legal context to the pre-paid water metering proposal is an area that civic society organizations and residents associations should acquaint themselves with if there are serious in producing results based advocacy. POLICY, LEGISLATIVE AND REGULATIONS DOCUMENTS/SOURCES FOR PRE-PAID WATER METERING ANALYSIS. The identification of public policy documents birthing pre-paid water metering is key in doing justice to the debate at hand. Identification of the key sections of the legislature on water is also important in framing recommendations for policy makers i.e councilors and mayors of cities in Zimbabwe. Water Utilities provided for in Section 1.3.3 (Establishment of a National Water Supply Services Utility) of the 2013 National Water Policy gives the foundation to the pre-paid water metering policy. This section talks about decline in revenues from agricultural water which crippled ZINWA planning, development and management of water. ZINWA viability depended much on Catchment Boards which were their cash cow. Now that the agricultural water is no longer that dairy cow, potable water is the substitute. NB. Water Utility just as the ZINWA Catchment Boards will be calling the shorts and Local Authorities may start crying again as the case during the ZINWA takeover. It has to be remembered by way of explanation, that the institutional framework as well as the legal, policy and regulation framework on water in Zimbabwe is characterized by uncoordinated many structures that sometimes are irrelevant. With the National Action Committee water governance institutions and the ZINWA Catchment Boards governance framework, one wonders WHY Water Utility Boards? Section 1.3.2 of the National Water Policy earmarked Urban Council Authorities and Rural District Councils as Water Services Authorities (they authorize). The same section give birth to Water Service Providers which may be public, private or mixed and they will be responsible for providing water. The service providers just like the case in the Johannesburg Water Utility, provide water with the Utility Board as the service provider. That is why at one point councilors in Harare asked the Engineers of Harare Council whether Harare Water Utility is a private company or a public entity. These Water Utility Boards are the ones birthing pre-payment for water as a solution to non-revenue water. “There might be concerns related to creation of independent and private Water Utility Boards that perpetuate water privatization. The results of this assessment and study highlighted the need for a greater focus on the affordability of water. Utility Boards might function in a way that enables municipalities to deal more effectively with non-revenue water through pre-payment. However, this might bring tension with affordability concerns that are central in the human right to water and sanitation discourse” (Community Water Alliance, Water Governance in Zimbabwe: Legal, Policy and Regulations Framework, policy brief December 2014). Water Utility Boards have an exclusionary water governance framework. This explains why people were not consulted enough on pre-paid water metering? Even the Minister of Local Government is alleged to have at some point informally communicated to councilors of Harare that he will appoint board members to the Harare Water Utility. Will Local Authorities’ pre-paid water metering policy be a public entity run solely by Municipalities?. That is a question that we all need to think about. However ZIMASSET the economic policy of the government is clear under the Infrastructure and Utilities Cluster Matrix. Public Private Partnerships is the proposed option. Probably we need to ask Local Authorities whether they have the money to contract someone to install the gadgets. Section 77a of the Constitution of Zimbabwe and Section 4 of the Water Act should also guide councilors in framing policies. Section 4 of the Water Act prohibits privatization of water. Urban Councils Act Section 183 - 188, Rural District Councils Act, Public Health Act Section 64-72, ZINWA Section 27, Public Finance Management Act are also important documents relating to the issue at hand. POLICY AND LEGAL ISSUES IN RELATION TO PRE-PAID WATER METERING Affordability – Considering that pre-paid water metering is costly around USD300 per household, how will Local Authorities ensure affordability? Citizens are failing to pay at the moment and what has prepaid metering offer to ensure people will have money? Is non-payment unwillingness or failure to afford payment? What is in the package of pre-paid water metering besides the money racked by council, which ensures or address affordability crisis hard hitting suburbs? Cost Benefit Analysis – Research informing this article shows that residents are supposed to pay on average USD20 per month whilst the cost of installing a meter at a household is around USD300. Will costs outweigh benefits and if so after how long? A simple division of USD300 by USD20 reveals that it takes 15 months to recover costs. Has that analysis been done? Public Consultation – even the SADC Regional Water Policy encourages consultation. Were there enough public consultations on the policy and if so what were the positions of different stakeholders on the issue?. Has the pre-paid water metering policy fallen trap of civic exclusion dominating Zimbabwean water governance framework?. Where and when do residents come in?. In formulation of policy or in financing a policy crafted at the high table?. Are pre-paid meters a microcosm of the macrocosm, a replica of the exclusionary Water Utility Boards that birthed them? Health concerns – How will health standards be maintained especially in a nation with a history of cholera outbreak? In South Africa there was an outbreak of cholera when pre-paid water meters were installed. What measures have been put in place to curb such disasters? Is there a health policy at Local Authority level to ensure public safety, that is if at all pre-paid water meters are to be installed?. Has there been any stock-tacking on the effects on sanitation particularly on the flashing routines within households? What is the effect of pre-paid water metering on hand-washing routines and other hygiene related behaviors?. Human Right to Water- Section 77a of the Constitution of Zimbabwe. What has the pre-paid water metering offer in realizing the right to water and sanitation?. In other words what is the package within pre-paid water metering that will ensure availability, physical accessibility, quality and safety, affordability, acceptability and dignity, which the current policy framework has failed to offer? Privatization of water- The national water policy states that water service providers can either be public, or private or mixed. What is the City of Harare envisaging on its pre-paid water metering?. Public? If so how will they finance it?. Private???? Then big questions there. Public-Private Partnerships? If so what form will these partnerships take?. What is the role of the resident besides paying for water, in these partnerships?. Is the pre-paid water metering and its grandparent Water Utility Board not going to bring back the same situation/squabbles as was with the ZINWA takeover of municipalities’ water? Or more recently, the battle between ZINARA and City Of Harare, where policy makers at town council point fingers to ZINARA and skip accountability to citizens? Precisely will this arrangement be not used as an excuse for poor service delivery? Mari iri kutorwa neBoard rakaappointwa!!!!!! That cheap talk??? A CRITIQUE OF PRE-PAID WATER METERING AS A POLICY OPTION (IS IT A POTENTIAL MODEL?) The pre-paid water metering is a move from the supply-side management to a demand-oriented approach and it implies a shift away from Local Authorities using distributive justice framework (with welfare orientation) to a procedural justice notion of a fairness framework, which adopts a policy of market environmentalism aimed at ensuring a more efficient allocation of scarce resources. (Broomley 1995) This critique will be informed by my interactions with communities within Zimbabwe, the GIZ commissioned 2012 “Assessment and Opportunities of Pre-paid Metering Systems in Zimbabwe”(Thomas Gass) as well as the World Bank Water and Sanitation Program report entitled “The Limits and Possibilities of Prepaid Water in Urban Africa: Lessons from the field (Chris Heymans, Kathy Eales, Richard Franceys, August 2014). The benefits of pre-payment relates to the fact that there is billing accuracy and no estimates. There is the assumption that they may increase revenue collection but this is questionable especially with boreholes providing alternative water sources for free in urban areas. Through pre-payment water metering there is possibility to adjust consumption of water where rationing is necessary e.g drought prone areas. Prepaid systems assist service providers who according to the national water policy are not necessarily Local Authorities. They address non-payment for water. NB. There are also possibilities to integrate pro-poor policies through provision of minimum service level maintained for vulnerable customers. For example in South Africa 200 liters are provided per household per day for free. “Prepaid water systems are not a technical magical wand to fix underlying management issues in the delivery of urban water supply” (The Limits and Possibilities of Prepaid Water in Urban Africa: Lessons from the field, Chris Heymans, Kathy Eales, Richard Franceys, August 2014). The Services Level Benchmarking Report for Harare done by the World Bank, had overwhelming evidence that the problem in Harare is a management issue. The GIZ commissioned research revealed that technical requirements (network stability) are not yet fulfilled and the organizational development of Councils also has to progress. Operationally, the system needs close monitoring and rapid response capability to identify and resolve problems. “There is need for a proper database and strong customer focus driven by a service team geared to respect and respond to customers’ service needs”. I doubt whether the City of Harare employees respond to issues that fast. “Affordability and financial viability of pre-paid water is a major challenge”. High capital and maintenance costs. The finance spend on installation need to match percentage improvement in revenue and the likely increased costs. Performance of pre-paid water meters is inconsistent just like the payment by the poor. SA has provided 200 litres per household per day for free. WHO recommends 25 litres per person per day. Citizens are not interested in technology. “They are interested in good services, reliably delivered at affordable prices”. Pre-paid water meters do not ensure that water is available and can record consumption even if only air is passing through the device. They also “do not establish communication systems and relationships” between duty bearers and rights holders. (Rahel Herman). They abuse affordability crisis with unwillingness to pay. Residents have not accepted the policy. Confuse citizens’ rights with consumer rights (Khunon 2002) They perpetuate exclusionary water governance frameworks especially when run by utility boards. If not carefully handled especially when no minimum service level are maintained for vulnerable citizens they pose health concerns through cholera outbreaks. At their inception in South Africa deaths caused by cholera were realized. Human Right to Water enshrined in Section 77a of the Constitution of Zimbabwe and how it relates to pre-paid water metering is also important. Pre-paid water meters affects access to water as some may not be able to pay upfront. The United Nations fact sheet No. 35 establish that the right to water has freedoms and entitlements. Freedoms include being free from arbitrary disconnections. Entitlements include access to minimum amount of safe drinking water to sustain life and health. The state also a duty to communicate any changes made in water systems through publication in the Gazette. All this has not been done. POLICY RECOMMENDATIONS Preservation and restoration of wetlands to guarantee sustainable affordability for water. Affordability is a key aspect of the human right to water enshrined in Section 77a of the Constitution of Zimbabwe. Wetlands purify water for free. Reduce pollution which has pushed purification costs high. Address burst water pipes as key non-revenue water. Use urinary systems with no continuous running water. Cost Benefit Analysis to weigh benefits and costs. Cross-subsidization. Pre-paid water meters on government ministries and private companies .Not on residents premises. Increased public expenditure on water. Currently water consumes around 1.2% of the total national budget. Payment plans to address residents’ debt on water. Sustained dialogue in water governance framework to build trust. Public consultation. HARDLIFE MUDZINGWA Community Water Alliance – Programmes Manager E-MAIL-goodlifemudzingwa@gmail.com Phone: +263 775 255 458