Judgment No. SC 54/2018
Case No. SC 228/14
(7) ….;
(8) and generally for the good government and control of the works and the
supply and use of water in the Municipality and any additional
municipal area.”
I note that the power to cut off water for non-payment was expressly catered
for in s 16 of the Ordinance itself, albeit in terms less compulsive than those stipulated in
the standard contract. It allowed the consumer concerned a period of one week after lawful
demand to pay the sum due before disconnection could be effected.
Notice of Disconnection
In his heads of argument and at the hearing of the appeal, Mr Mpofu, for the
respondent, raised the point that the appellant had given notice of its intention to disconnect
on the same day that it actually disconnected the respondent’s water supply, before the
expiry of 24 hours and in clear breach of the prescribed period of notice. Mr Girach, for
the appellant, contends that the invoices sent to the respondent specifically indicate that
“Water supplies may be disconnected without further notice if this account remains unpaid
after due date”. Since the stated due date is approximately three weeks after the billing
date, it cannot be said that the requisite notice was not given. This contention finds some
support in s 49 of the Bye-laws (as amended by s 2 of S.I. 489/1952) which provides that:
“Every account …. shall become due and payable on the date stated therein and the
service of such account …. shall constitute notice that the supply of water may be
cut off if payment is not made on or before such date.” (The emphasis is mine).
Notwithstanding this provision, I take the view that the argument proffered
by Mr Girach is unsustainable. The threat of possible disconnection for non-payment by
due date contained in the appellant’s invoices is nothing more than a standard warning
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