Judgment No. SC 54/2018 Case No. SC 228/14 (a) if he shall have failed to pay any sum which in the opinion of the Council is due under these conditions or the Water Bye-laws; (b) ….; (c) ….; (d) …. .” The inclusion of this provision in the standard form contract as opposed to the Bye-laws is an issue that appears to have escaped both parties as well as the court a quo in their continual references to the Bye-laws without regard to the contract annexed thereto. Nevertheless, in terms of clause 1 of the contract: “The Bye-laws and Regulations of the Council from time to time applicable to the supply of water shall be deemed to be incorporated in and form part of this agreement.” Thus, the Bye-laws and the contract must properly be read together as a single composite instrument. Consequently, I do not think that the distinction between them is of any particular significance in determining the grounds of appeal herein. The original 1913 Bye-laws were framed under the provisions of s 19 of the Salisbury Water and Electricity Supply and Loan Ordinance 1911 (No. 10 of 1911). That section, in its relevant portions, provided as follows: “The Council may from time to time make, alter and revoke bye-laws for all or any of the following purposes in connection with the supply or use of water from the Council’s or their authorised contractors’ works or anything incidental or relating thereto, namely :(1) ….; (2) ….; (3) ….; (4) as to ordinary and extraordinary supply and agreements relating thereto, and tariff of charges or fees; (5) ….; (6) as to fixing and using of meters or anything relating thereto; DISTRIBUTED BY VERITAS e-mail: veritas@mango.zw; website: www.veritaszim.net Veritas makes every effort to ensure the provision of reliable information, but cannot take legal responsibility for information supplied. 4

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