IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA CASE NO: CCT /07 In the matter between:
MERAFONG DEMARCATION FORUM 1st Applicant
ISRAEL MOLEPE MOGALE 2nd Applicant
PAUL NGWANE 3rd Applicant
PAUL THABANE MOSENOGI 4th Applicant
JOHANNES MOTSUMI 5th Applicant
TEBOGO JEREMIAH DANIEL 6th Applicant
PEARL KHANYILE 7th Applicant
ALFRED MOTLOUNG 8th Applicant
MXOLISI BLESSING DILIMA 9th Applicant
MICHAEL MADULUBE 10th Applicant
TELEKI JOHANNES MATHIKGE 11th Applicant
and
PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA 1st Respondent
MINISTER OF PROVINCIAL AND LOCAL GOVERNMENT 2nd Respondent
MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT 3rd Respondent
PREMIER OF GAUTENG 4th Respondent
MEC FOR LOCAL GOVERNMENT GAUTENG PROVINCE 5th Respondent
THE GAUTENG PROVINCIAL LEGISLATURE 6th Respondent 2
THE PREMIER OF NORTH WEST 7th Respondent
THE MEC FOR LOCAL GOVERNMENT FOR NORTH WEST 8th Respondent
THE NORTH WEST PROVINCIAL LEGISLATURE 9th Respondent
THE MUNICIPAL DEMARCATION BOARD 10th Respondent
MERAFONG CITY LOCAL MUNICIPALITY 11th Respondent
WEST RAND DISTRICT MUNICIPALITY 12th Respondent
SOUTHERN DISTRICT MUNICIPALITY 13th Respondent
THE SPEAKER OF THE NATIONAL ASSEMBLY 14th Respondent
THE CHAIRPERSON OF THE NATIONAL COUNCIL OF PROVINCES 15th Respondent
THE ELECTORAL COMMISSION 16th Respondent
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NOTICE OF MOTION ______
TAKE NOTICE that the Applicants intend to make application to this
Court for the following order:
1. It is declared that the Provincial Legislature of Gauteng has
failed to comply with its constitutional obligation, envisaged in
section 118(1)(a) of the Constitution, to facilitate public
involvement in considering and approving that part of the
Constitution Twelfth Amendment Act of 2005 which concerns 3
the province of Gauteng pursuant to section 74(8) of the
Constitution.
2. That part of the Constitution Twelfth Amendment Act of 2005
which transfers that part of the area of Merafong City Local
Municipality (CBLC8) from the province of Gauteng to the
province of North West is declared to be inconsistent with the
Constitution and invalid.
3. That part of the Cross-boundary Municipalities Laws Repeal
and Related Matters Act 23 of 2005 which relates to the area
described in prayer 2 above, is declared inconsistent with the
Constitution and invalid.
4. That the First, Second, Third and Sixth Respondents be
ordered to pay the costs of this application.
AND that the accompanying affidavit of ISRAEL MOGALE with supporting affidavits will be used in support thereof.
TAKE NOTICE FURTHER that the Applicants have appointed the address of their attorneys, stated hereunder, as the address at which they will accept notice and service of all process in these proceedings. 4
TAKE NOTICE FURTHER that if you intend opposing this application you are required:
(a) to notify Applicants’ attorney, at the address stated
hereunder, in writing within FIVE (5) days of service of this
notice of motion on you; and
(b) within FIFTEEN (15) days thereafter to file your answering
affidavit, if any, and further that you are required to appoint
in such notification an address at which you will accept notice
and service of all documents in these proceedings.
If no such notice of 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 this day of 2007.
______APPLICANTS’ ATTORNEY LAWYERS FOR HUMAN RIGHTS IDASA DEMOCRACY CENTRE 357 VISAGIE STREET, PRETORIA TEL: (012) 320-2943 FAX: (012) 320-2949 REF: MR SLABBERT C/O LAWYERS FOR HUMAN RIGHTS, JHB 5
2ND FLOOR, BRAAMFONTEIN CENTRE BRAAMFONTEIN JOHANNESBURG TEL: (011) 339-1960
TO: THE PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA (FIRST RESPONDENT) c/o THE STATE ATTORNEY 8th Floor Old Mutual Centre 167 Andries Street Pretoria
AND TO: THE MINISTER OF PROVINCIAL AND LOCAL GOVERNMENT (SECOND RESPONDENT) c/o THE STATE ATTORNEY 8th Floor Old Mutual Centre 167 Andries Street Pretoria
AND TO: THE MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT (THIRD RESPONDENT) c/o THE STATE ATTORNEY 8th Floor Old Mutual Centre 167 Andries Street Pretoria 6
AND TO: THE PREMIER OF GAUTENG PROVINCE (FOURTH RESPONDENT) East Wing, 13th Floor Gauteng Provincial Government Building 30 Simmonds Street Marshalltown, Johannesburg.
AND TO: THE MEC FOR LOCAL GOVERNMENT GAUTENG PROVINCE (FIFTH RESPONDENT) East Wing, 13th Floor Gauteng Provincial Government Building 30 Simmonds Street Marshalltown, Johannesburg.
AND TO: THE GAUTENG PROVINCIAL LEGISLATURE (SIXTH RESPONDENT) Cnr Loveday & President Streets Johannesburg.
AND TO: THE PREMIER OF NORTH WEST PROVINCE (SEVENTH RESPONDENT) 3rd Floor, Ga-Rona Building Cnr Provident & University Drive Mmabatho.
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AND TO: THE MEC FOR LOCAL GOVERNMENT FOR NORTH WEST PROVINCE (EIGHTH RESPONDENT) 3rd Floor, Ga-Rona Building Cnr Provident & University Drive Mmabatho.
AND TO: THE NORTH WEST PROVINCIAL LEGISLATURE (NINTH RESPONDENT) 3rd Floor, Ga-Rona Building Cnr Provident & University Drive Mmabatho.
AND TO: THE MUNICIPAL DEMARCATION BOARD (TENTH RESPONDENT) Iparioli Park, 1166 Park Street Block D2 Hatfield, Pretoria.
AND TO: MERAFONG CITY LOCAL MUNICIPALITY (ELEVENTH RESPONDENT) Halite Street Carletonville Merafong.
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AND TO: WEST RAND DISTRICT MUNICIPALITY (TWELFTH RESPONDENT) Cnr Sixth and Park Streets
Randfontein.
AND TO: THE SOUTHERN DISTRICT MUNICIPALITY (THIRTEENTH RESPONDENT) Civic Centre, Patmore Road Orkney
AND TO: THE SPEAKER OF THE NATIONAL ASSEMBLY (FOURTEENTH RESPONDENT) Parliament Building Parliament Street Cape Town
AND TO: CHAIRPERSON OF THE NATIONAL COUNCIL OF PROVINCES (FIFTEENTH RESPONDENT) Parliament Building Parliament Street Cape Town
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AND TO: THE ELECTORAL COMMISSION (SIXTEENTH RESPONDENT) Election House 260 Walker Street Sunnyside Pretoria
AND TO: THE REGISTRAR OF THE CONSTITUTIONAL COURT Constitution Hill Braamfontein Johannesburg