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Notice of Motion-10584.Pdf 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 ______________________________________________________ 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. 7 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. 8 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 9 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 .
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