IN THE CONSTITUTIONAL COURT OF

CASE NO. In the matter between :

MATATIELE MUNICIPALITY FIRST APPLICANT

POVERTY ALLEVIATION NETWORK SECOND APPLICANT

CEDARVILLE AND DISTRICT FARMERS ASSOCIATION THIRD APPLICANT

MATATIELE TAXI ASSOCIATION FOURTH APPLICANT

MATATIELE CHAMBER OF COMMERCE FIFTH APPLICANT

GOVERNING BODY OF THE KING EDWARD HIGH SCHOOL SIXTH APPLICANT

GEORGE MOSHESH TRIBAL AUTHORITY SEVENTH APPLICANT

MALUTI CHAMBER OF BUSINESS EIGHTH APPLICANT

MATATIELE AND MALUTI COUNCIL OF CHURCHES NINTH APPLICANT

MPHARANE COMMUNITY BASED ORGANIZATION TENTH APPLICANT

ZIZAMELE PRESCHOOL TRAINING PROJECT ELEVENTH APPLICANT

AND

PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA FIRST RESPONDENT

MINISTER OF PROVINCIAL AND LOCAL GOVERNMENT SECOND RESPONDENT

MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT THIRD RESPONDENT

THE PREMIER OF THE FOURTH RESPONDENT 2

THE MEMBER OF THE EXECUTIVE COUNCIL OF THE PROVINCE OF THE EASTERN CAPE FOR LOCAL GOVERNMENT FIFTH RESPONDENT

THE PREMIER OF KWAZULU- SIXTH RESPONDENT

THE MEMBER OF THE EXECUTIVE COUNCIL OF THE PROVINCE OF KWAZULU-NATAL FOR LOCAL GOVERNMENT SEVENTH RESPONDENT

MUNICIPAL DEMARCATION BOARD EIGHTH RESPONDENT

SISONKE DISTRICT MUNICIPALITY NINTH RESPONDENT

ALFRED NZO DISTRICT MUNICIPALITY TENTH RESPONDENT

O.R. TAMBO DISTRICT MUNICIPALITY ELEVENTH RESPONDENT

UMZIMKULU MUNICIPALITY TWELFTH RESPONDENT

UMZIMVUBU MUNICIPALITY THIRTEENTH RESPONDENT

______

NOTICE OF MOTION ______

TO : THE REGISTRAR OF THE CONSTITUTIONAL COURT CONSTITUTION HILL BRAAMFONTEIN

KINDLY TAKE NOTICE that the Applicants (named in the heading hereof and more fully described in the founding affidavit) intend to make application to this

Court for an order in the following terms :-

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1.

THAT this matter be heard as one of urgency and that the forms and services

provided for in the Constitutional Court Rules be and are hereby dispensed with.

2.

THAT the Constitution Twelfth Amendment Act is unconstitutional alternatively, ultra vires in that it in effect :-

2.1 re-demarcates the Matatiele Municipality;

2.2 changes the boundary and composition of the Matatiele Municipality;

2.3 moved the provincial boundary with the effect that the Matatiele

Municipality is moved from its present District Municipality and Province to

another District Municipality and Province;

without complying with the process set down therefor in the Constitution.

3.

3.1 THAT Applicants be granted leave to bring the application for the relief in

this paragraph by direct access.

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3.2 THAT the Cross-Boundary Municipalities Laws Repeal and Related

Matters Act is unconstitutional alternatively, ultra vires in that it

redemarcates the Matatiele Municipality in a manner which is inconsistent

with the Constitution and ultra vires the Constitution or other national

legislation.

4.

THAT it is declared that in passing and signing the said Acts Parliament and the

President respectively have failed to fulfill a constitutional obligation to Matatiele

Municipality in that the constitutional process for re-demarcation thereof has been unconstitutionally circumvented, and that First, Second and Third

Respondents have not complied with the principles of co-operative government in the management of this dispute over the re-demarcation of Matatiele

Municipality.

5.

THAT First, Second and Third Respondents be ordered to pay the costs of this application.

6.

THAT Applicants be granted such further and/or alternative relief as to this Court seems meet.

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AND TAKE NOTICE that the Affidavits of :

CEDRIC DANIEL CALLAWAY CANHAM

PHILIP

PETER GEORGE MUIR

NDLALA BENJAMIN MAOME

CORNELIUS THEODORUS FREDERIK BENEKE

TREVOR FREDERICK KIRK

TSOENEMOTHO SIMON MOSHESH

MSA GCABO

THENJIWE LULEKA SIPAMLA

BENJAMIN TJAKO SETSUBI

LILLIAN SEKIWE MTSHONISWA

annexed hereto will be used in support hereof.

AND TAKE NOTICE FURTHER that the Applicants have appointed the office of their attorneys of record at the address set out below at which service of all process in these proceedings will be accepted.

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AND TAKE NOTICE FURTHER that if you intend opposing this application you are required :-

(a) to notify Applicants’ Attorneys and the Registrar of the Court in writing of

your intention to oppose, on or before a day not more than 5 DAYS from

date of service on you of this application; and

(b) to file answering affidavits, if any, within 15 days after you have so given

notice of your intention to oppose the application; and

(c) to appoint an address within 25 kilometres of the office of the Registrar at

which you will accept notice and service of all documents in these

proceedings.

AND TAKE NOTICE FURTHER that if no such intention to oppose is given, the

Applicants will request the Registrar to place the matter before the Chief Justice to be dealt with in terms of Rule 11 (4).

DATED at PIETERMARITZBURG this day of DECEMBER 2005.

______

APPLICANT’S ATTORNEYS

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AUSTEN SMITH Applicants’ Attorneys Walmsley House 191 Pietermaritz Street PIETERMARITZBURG Ref : P.R.J. Dewes Phone : 033-3920500 / Fax : 033-3920556 [email protected] CARE OF :

SMITH TABATA RAMSAY WEBBER BUCHANAN BOYES INC. 269 Oxford Road, Cnr Harries Street Illovo JOHANNESBURG (Ref : Mr R. Bruton)

AND TO :-

THE PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA First Respondent Union Buildings, West wing, 2nd Floor Government Avenue PRETORIA GAUTENG Tel: 012 300 5200 Fax: 012 321 8870

AND TO :-

THE MINISTER OF PROVINCIAL AND LOCAL GOVERNMENT Second Respondent Cnr Hamilton and Proes Streets, Arcadia PRETORIA GAUTENG Tel: 012 334 0705 Fax: 012 326 4478 [email protected]

AND TO :-

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THE MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT Third Respondent Momentum Building, 329 cnr Prinsloo and Pretorius Streets PRETORIA GAUTENG Tel: 012 315 7160 Fax: 012 315 1749 [email protected]

AND TO :-

THE PREMIER OF THE EASTERN Fourth Respondent Old ECDC Building, 1st Floor, Independence Avenue, BISHO EASTERN CAPE Tel: 040 609 6450 Fax: 040 635 1134 [email protected]

AND TO :-

THE MEC FOR LOCAL GOVERNMENT FOR EASTERN CAPE PROVINCE Fifth Respondent Tyamzashe Building, Room 2188 BISHO EASTERN CAPE Tel: 040 609 5789 Fax: 040 639 2135 [email protected]

AND TO :-

THE PREMIER OF KWAZULU-NATAL Sixth Respondent Natalia, 2nd Floor, 330 Longmarket Street PIETERMARITZBURG KWAZULU-NATAL Tel: 033 395 2978 Fax: 033 342 7368 [email protected]

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AND TO :-

THE MEC FOR LOCAL GOVERNMENT FOR KWAZULU-NATAL Seventh Respondent Natalia Building, Room 1401, 14th Floor, North Tower 330 Longmarket Street PIETERMARITZBURG KWAZULU-NATAL Tel: 033 395 2038 Fax: 033 345 6432 [email protected]

AND TO :-

THE MUNICIPAL DEMARCATION BOARD Eight Respondent IParioli Park 1166 Park Street Block B2 Ground Floor HATFIELD GAUTENG Tel: 012 342 2481 Fax: 012 342 2480 [email protected]

AND TO :-

SISONKE DISTRICT MUNICIPALITY Ninth Respondent Municipal Offices 40 Main Street IXOPO KWAZULU-NATAL Tel: 039 834 1662 Fax: 039 834 1701 [email protected]

AND TO :-

ALFRED NZO DISTRICT MUNICIPALITY Tenth Respondent Municipal offices Erf 1400, Ntsizwa Street MT AYLIFF EASTERN CAPE PROVINCE Tel: 039 254 0320 10

Fax: 039 254 0818 [email protected]

AND TO :-

O.R. TAMBO DISTRICT MUNICIPALITY Eleventh Respondent Municipal offices OR Tambo House Nelson Mandela Drive UMTATA EASTERN CAPE PROVINCE Tel: 047 532 5162 Fax: 047 532 4166 [email protected]

AND TO :-

UMZIMKULU MUNICIPALITY Twelfth Respondent Municipal offices 169 Main Street, opp Faber Building UMZIMKULU EASTERN CAPE PROVINCE Tel: 039 259 0216 Fax: 039 259 0427

AND TO :-

UMZIMVUBU MUNICIPALITY Thirteenth Respondent Municipal offices 67 Church Street MT AYLIFF EASTERN CAPE PROVINCE Tel: 039 254 0239 Fax: 039 254 0033 [email protected]

5.MATATIELEvPRESIDENT RSA.NOM 19.12.05