MATATIELE MUNICIPALITY AND OTHERS v PRESIDENT OF THE RSA AND OTHERS 2006 (5 ) SA 47 (CC ).doc

MATATIELE MUNICIPALITY AND OTHERS v PRESIDENT OF THE RSA AND
OTHERS 2006 (5 ) SA 47 (CC )
2006 (5 ) SA p47
Citati
on
2006 (5 ) SA 47 (CC )
Case
No
CCT 73/05
Court Constitutional Court
Judge Langa CJ , Moseneke DCJ , Madala J , Mokgoro J , Ngcobo J , O'Regan J , Sachs J ,
Skweyiya J , Yacoob J , Van Der Westhuizen J and Nkabinde J
Heard February 14, 2006
Judgm
ent
February 27, 2006
Couns
el
A J Dickson SC (with A A Gabriel) for the applicants.
I A M Semenya SC and V Maleka SC (with N Mayet and P Nkutha) for the first, second
and third respondents.
No appearances for the fourth to thirteenth respondents.
K D Moroka SC (with K Pillay) for the fourteenth and fifteenth respondents.
B
[zFNz] Flynote : Sleutelwoorde
Constitutional law - Legislation - Validity of - Constitution Twelfth Amendment Act of
2005 - Constitutionality of Act challenged on basis that it usurped powers of Municipal
Demarcation Board to re-demarcate municipal boundaries as intended in s 155(3) (b) of
C Constitution - Act authorising redefinition of provincial boundaries and having effect
of redefining municipal boundaries, including boundaries of applicant municipality -
Implicit in Parliament's power to re-draw provincial boundaries being power to affect
municipal boundaries insofar as necessary for purpose of D altering provincial
boundaries - Once Parliament redefined provincial boundaries, Board tasked with re-
demarcation of municipal boundaries - In other words, Board's powers under s 155(3) (b)
to be read as being subject to Parliament's power to redefine provincial boundaries - Act
thus not usurping powers of Board under s 155(3) (b) of Constitution. E
Constitutional practice - Constitutional challenge to legislation - Applicant arguing in
papers that Parliament failed to adopt proper procedure for enactment of constitutional
amendment - Constitutional Twelfth Amendment Act authorising redefinition of
provincial boundaries, including those of applicant municipality - Applicant conceding
during argument that Parliament did adopt proper procedure - Applicant municipality and
people in its area F not afforded opportunity to be heard regarding proposed alteration of
applicant's boundaries - Papers leaving doubt as to whether proper procedure adopted -
Matter postponed for filing of further affidavits and further hearing.
Local authority - Municipality - Municipal Demarcation Board - Powers of - Limitations
on - Board's powers under s 155(3) (b) of G Constitution to be read as being subject to
Parliament's power to redefine provincial boundaries - Constitutionality of Act
challenged on basis that it usurped powers of Municipal Demarcation Board to re-
demarcate municipal boundaries as intended in s 155(3) (b) of Constitution - Act
authorising redefinition of provincial boundaries and having effect of redefining H
municipal boundaries, including boundaries of applicant municipality - Implicit in