Judgment No. SC 54/2018 Case No. SC 228/14 Act”, I do not consider them to be necessarily subservient to the essentially permissive provisions of the Third Schedule. Those provisions are designed to categorise the broad range of by-laws that may be enacted. They do not per se circumscribe or curtail the powers deemed necessary or expedient to enforce such by-laws. In short, s 198(3) is to be read consistently with para 69 of the Third Schedule in a manner that attains rather than defeats the overriding objectives of good governance and just administration. This leads me to what I regard to be the critical issue for consideration in this matter, to wit, the scope and application of the words “in the opinion of the council” as contained in s 198(3) of the Act and clause 8(a) of the standard form contract annexed to the 1913 Bye-Laws. Can these words be construed and applied in a manner that conforms with the Act and the applicable precepts of reasonableness or do they vitiate clause 8(a) so as to render it ultra vires in its entirety? Mr Girach contends that clause 8(a) is reasonable when taken in its context. If consumers were allowed to refuse to pay their water bills simply by disputing them, it would result in administrative chaos. It would be impractical from a debt management and solvency standpoint in a commercial context. Although para 69(2)(e) of the Third Schedule relates to charges which are due, it does not require that a court order must be obtained to warrant the disconnection of water supply. As against this, Mr Mpofu submits that clause 8(a) must be construed and applied reasonably so as to justify disconnection only in respect of non-payment of charges which are actually due. If this is not possible, the clause must be regarded as being ultra vires para 69(2)(e) of the Third Schedule. 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. 18