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

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MATATIELE MUNICIPALITY AND OTHERS v PRESIDENT OF THE RSA ANDOTHERS 2006 (5 ) SA 47 (CC )2006 (5 ) SA p47Citation2006 (5 ) SA 47 (CC )CaseNoCCT 73/05Court Constitutional CourtJudge 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 JHeard February 14, 2006JudgmentFebruary 27, 2006CounselA 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, secondand 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 : SleutelwoordeConstitutional law - Legislation - Validity of - Constitution Twelfth Amendment Act of2005 - Constitutionality of Act challenged on basis that it usurped powers of MunicipalDemarcation Board to re-demarcate municipal boundaries as intended in s 155(3) (b) ofC Constitution - Act authorising redefinition of provincial boundaries and having effectof redefining municipal boundaries, including boundaries of applicant municipality -Implicit in Parliament's power to re-draw provincial boundaries being power to affectmunicipal boundaries insofar as necessary for purpose of D altering provincialboundaries - 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 - Actthus not usurping powers of Board under s 155(3) (b) of Constitution. EConstitutional practice - Constitutional challenge to legislation - Applicant arguing inpapers that Parliament failed to adopt proper procedure for enactment of constitutionalamendment - Constitutional Twelfth Amendment Act authorising redefinition ofprovincial boundaries, including those of applicant municipality - Applicant concedingduring argument that Parliament did adopt proper procedure - Applicant municipality andpeople in its area F not afforded opportunity to be heard regarding proposed alteration ofapplicant'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 - Limitationson - Board's powers under s 155(3) (b) of G Constitution to be read as being subject toParliament's power to redefine provincial boundaries - Constitutionality of Actchallenged on basis that it usurped powers of Municipal Demarcation Board to re-demarcate municipal boundaries as intended in s 155(3) (b) of Constitution - Actauthorising redefinition of provincial boundaries and having effect of redefining Hmunicipal boundaries, including boundaries of applicant municipality - Implicit in

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