CITY OF HARARE v MUSHORIWA 2018 (2) ZLR 414 (S)

2018 (2) ZLR p414

Flynote

Constitutional law – Constitution of Zimbabwe 2013 – Declaration of Rights – right to safe, clean and potable water (s 77) – meaning – provision essentially policy-oriented and hortatory in nature – Harare Water Bye-Laws 1913 – power vested in Council to disconnect water supply for non-payment – such power eminently reasonable and not in any way contravening s 77

Local government – power to disconnect water for non-payment of bill for water consumed – requirements – validity of 1913 by-laws by reference to the current enabling provisions of the current Urban Councils Act

Practice and procedure – provisional order – requirements – propriety– terms of interim relief granted and final order – should not be substantially similar

Statutes – subsidiary legislation – validity – ultra vires enabling statute – validity must be tested against current enabling provisions of current statute

Statutes – subsidiary legislation – validity – unreasonableness – when can be declared to be invalid due to unreasonableness – principles