Judgment No. SC 54/2018
Case No. SC 228/14
I now turn to consider the relevant provisions of the 1913 Bye-laws in order to
assess their reasonableness or otherwise in accordance with the governing principles that I
have elaborated above.
I have already adverted to s 49 of the Bye-laws relating to the computation of
the amount of water supplied to any consumer and the payment of charges incurred
therefor. The section as amended provides as follows:
“The quantity of water which shall be registered by the meter as having been
supplied to any consumer shall be deemed to be the quantity actually so supplied.
The quantity of water so registered shall be paid for by such consumer at the rate
or charge for the time being fixed by the tariff of the Council for water supplied by
measure. Every account for the supply so registered shall become due and payable
on the date stated therein and the service of such account in terms of section 61 of
these regulations [sic] shall constitute notice that the supply of water may be cut off
if payment is not made on or before such date.”
The possible disputation of meter readings and charges due is regulated by
ss 50, 51 and 52 of the Bye-laws. In their relevant portions, they read as follows:
“50. Every consumer shall be bound by the entry in the books of the Council
shewing such meter reading, in the absence of evidence shewing either that such
entry has been incorrectly made or that the meter was at the time of such a reading
in default, and it shall not be necessary to produce the person who read the meter
or the person who made any particular entry in order to prove such reading or
entry.”
“51. (1) If any consumer is dissatisfied with any particular reading of a meter
supplied by the council, and is desirous of having such meter tested, he shall give
written notice to the council within seven days of receipt of his account, and shall
deposit with the council such sum as it may from time to time fix …., and thereupon
the meter shall be tested by the council.
(2) If, on being tested in terms of subsection (1), a meter is found to be –
(a) correct, the consumer shall forfeit to the council the sum which he
deposited in terms of subsection (1);
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