Judgment No. SC 54/2018
Case No. SC 228/14
scope of the rights conferred and the concomitant obligations imposed, I am inclined to
regard s 77 as being essentially policy-oriented and hortatory in nature. This is not to render
the provision entirely nugatory but rather to recognise that the extent of its practical
enforceability is not necessarily self-evident in every circumstance.
My reading of s 77 of the Constitution is that the possible violation of its
provisions is only implicated where the State or a local authority fails to provide any or
adequate water supply to any given community or locality. It might also arise where, as
appears to have been recently admitted by the appellant itself, having afforded an adequate
water supply to most inhabitants, it is then discovered that such supply is in fact
contaminated and therefore only potable at great risk. In contrast, it is difficult to envisage
how the broad import of s 77 might be invoked in the case of a consumer, who has full or
adequate access to water supply, but is deprived thereof by being disconnected for having
failed to pay for water consumed and after having received due notice and warning to settle
his account.
Even assuming that my overall construction of s 77 is flawed, I have no
doubt that the powers conferred by the Bye-laws in casu can be appropriately scrutinised
and evaluated to ensure that they comply with and do not infringe the requirements of s 77,
no matter how imprecise and ill-defined those requirements may be. Having regard to my
earlier assessment of the processes embodied in the Bye-laws pertaining to the supply of
water, I take the view that the power to disconnect water supply exercisable by the Council
is eminently reasonable and does not in any way contravene s 77 of the Constitution.
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