Judgment No. SC 54/2018
Case No. SC 228/14
the process, taken as a whole, is entirely consistent with the requirements of para 69 of the
Third Schedule to the Act insofar as that provision delineates the parameters for framing
by-laws regulating the supply and disconnection of water.
Moving on to the question of reasonableness, the authorities cited above
postulate that the delegated legislation that is impugned must be accorded a benevolent
construction to the extent that this is possible. Additionally, it must be presumed that the
legislation concerned will be administered by the relevant functionaries in a reasonable
manner.
Having regard to these interpretive principles, it seems to me that this Court
is at large to presume that the Council will exercise its discretion reasonably, not only in
forming its opinion as to whether or not the consumer in question is in default with any
sum due but also with respect to the attendant power to disconnect water supply to that
consumer. I am fortified in this position by the existence of the dispute settlement process
embodied in the Bye-laws, which process entitles the consumer to challenge the accuracy
of meter readings and the consequent computation of his account. I am also satisfied that
this process is largely consonant with the governing tenets of natural justice insofar as they
dictate the absence of bias and an opportunity to make the requisite representations.
Lastly, I am guided by the cardinal rule that the courts must exercise great
caution in striking down delegated legislation. They should only intervene if that legislation
is found to be objectively grossly unreasonable, viz. manifestly unequal, unjust, arbitrary
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