IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA
CASE NO. In the matter between :
MATATIELE MUNICIPALITY FIRST APPLICANT
POVERTY ALLEVIATION NETWORK SECOND APPLICANT
CEDARVILLE AND DISTRICT FARMERS ASSOCIATION THIRD APPLICANT
MATATIELE DRAKENSBERG 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 EASTERN CAPE 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-NATAL 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
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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 MANDLA GALO
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.
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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 CAPE PROVINCE 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