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Supreme Court

City of Harare v Farai Mushoriwa

[2018] ZWSC 54

Case Details

Court
Supreme Court
Date
20 September 2018
Citation
[2018] ZWSC 54
Judgment No.
SC 54/2018
Outcome
unknown
Case Type
Appeal

Bench

Presiding
PATEL JA
Full Bench
PATEL JAUCHENA JAZIYAMBI AJA
Areas of Law
Administrative LawConstitutional LawLocal Government Law
Keywords
Water disconnectionMunicipal by-lawsRight to waterUrban Councils ActProvisional order
Tags
Water servicesMunicipal by-lawsConstitutional rightsAdministrative law
legislation
Statutes Cited
  • Urban Councils Act
  • Urban Councils Act
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Administrative Justice Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the 1913 Bye-laws authorizing water disconnection are ultra vires the Urban Councils Act","issue_type":"law","dispositive":"no","related_facts":"City relied on 1913 Bye-laws to disconnect water"}
  • {"issue_text":"Whether the Bye-laws are unconstitutional for violating the right to water under s 77 of Constitution","issue_type":"constitutional","dispositive":"no","related_facts":"Disconnection affected respondent's access to water"}
  • {"issue_text":"Whether the provisional order granted by High Court was proper","issue_type":"procedural","dispositive":"yes","related_facts":"High Court granted interim relief pending final determination"}
  • {"issue_text":"Whether the appellant gave proper notice before disconnecting water supply","issue_type":"procedural","dispositive":"yes","related_facts":"Disconnection occurred on same day as notice"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The City of Harare disconnected Farai Mushoriwa's water supply over a disputed water bill of $1,700. Mushoriwa claimed the bill related to a bulk meter not connected to his premises. He filed an urgent chamber application for restoration of water supply pending resolution of the dispute.
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