Judgment No. SC 54/2018 Case No. SC 228/14 Schedule to the Urban Councils Act [Chapter 29:15], notwithstanding the broad powers of enforcement conferred upon urban councils by subs(3) of s 198 of the same Act. (In order to address the erroneous conflation resorted to by the parties and the court a quo that I have already alluded to, and for the sake of brevity and convenience, I shall refer to the Byelaws as encompassing the standard contract annexed thereto, except where it is necessary to refer to the contract specifically). Section 198 of the Act delineates the general powers of urban councils, and subs (3) provides that: “Subject to this Act, a council shall have power to do any act or thing which, in the opinion of the council, is necessary for administering or giving effect to any bylaws of the council.” The Third Schedule to the Act prescribes the matters in respect of which urban councils may make by-laws. Paragraph 69 of that Schedule, in its relevant portions, reads as follows: “(1) The regulation and rationing of the supply and distribution of water. (2) Without derogation from the generality of subparagraph (1), by-laws relating to matters referred to in that subparagraph may contain provision for all or any of the following— (a) ….; (b) ….; (c) ….; (d) ….; (e) cutting off the supply of water, after not less than twenty-four hours’ notice, on account of (i) failure to pay any charges which are due; or (ii) the contravention of any by-laws relating to waste, misuse or contamination of water; (f) ….; (g) ….; 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. 16

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