Municipality was incorporated into Alfred Nzo District Municipality in the Eastern Cape second Umzimvubu Local Municipality formed part of Alfred Nzo

Municipality was incorporated into alfred nzo

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Repeal Act, they contend that neither its terms nor its effect demarcate the boundaries of Matatiele Municipality . C [33] The applicants contend that this Court has exclusive jurisdiction to consider the constitutional challenge to the Twelfth Amendment under s 167(4) (d) . Section 167(4) (d) of the Constitution provides as follows: '(4) Only the Constitutional Court may - . . . (d) decide on the constitutionality of any amendment to the Constitution.' 13 In relation tothe Repeal Act, they contend that, because it is inextricably interlinked with the Twelfth Amendment, they are entitled to come to this Court directly under s 167(6) (a) . Section 167(6) (a) of the Constitution provides as follows: '(6) National legislation or the rules of the Constitutional Court must allow a person, when it is in the interests of justice and with leave of the Constitutional Court - (a) to bring a matter directly to the Constitutional Court.' 14 While they accept D that thisCourt has exclusive jurisdiction under the Constitution in relation to the Twelfth Amendment, the respondents nevertheless contend that the applicants have not made out a case for direct access under s 167(6) (a) in relation to the Repeal Act. Jurisdiction E [34] In terms of s 167(4) (d) of the Constitution, only this Court may 'decide on the constitutionality of any amendment to the Constitution'. This Court therefore has exclusive jurisdiction over the applicants' constitutional challenge to the Twelfth Amendment. The respondents did not contend otherwise. F [35] The application for direct access relates to the constitutional challenge to the Repeal Act. And the question is whether it is in the interests of justice to allow the applicants to bring their Repeal Act challenge directly to this Court. As pointed out earlier, this will be decided when we consider the validity G of the Repeal Act. Constitutionality of the Twelfth Amendment [36] This case raises two issues in relation to the constitutionality of the Twelfth Amendment. The first relates to the applicants' argument that the Twelfth Amendment unconstitutionally limits the H authority of the Board under s 155(3) (b) of the Constitution. The second issue relates to 2006 (5 ) SA p60 NGCOBO J the concession that was made in the written argument that the Twelfth Amendment was passed in A accordance with the relevant constitutional procedures. [37] The applicants contend that the Twelfth Amendment effectively re-demarcates Matatiele and removes it from Sisonke District Municipality in KwaZulu-Natal into
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