City of Mutare v Mutare Residents and Rate Payers association 2003 (1) ZLR 612 (2)

Mr T Biti for the applicant. The applicant ratepayers association objected to certain rates and charges set by the respondent urban council. objections had been submitted, and over 2000 signatures were included in a booklet. The town clerk did not attach he booklet to the agent for the council meeting: he advised the councillors that the booklet was voluminous and was not being attacked in order to save costs. However he circulated the booklet to the councillors present at the meeting. The council meeting was convened at short notice, when 5 out of the 17 members were unable to be present. No vote was taken at the meeting, the decision too implement the rates having been reached by consensus . the applicant argued inter alia that the provisions of the urban council act had not been complied with either in the submission of the objections to the councillors or in the manner the resolution was passed