IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA
CASE NO: CCT 73/05
In the matter between:
MATATIELE MUNICIPALITY AND TEN OTHERS First Applicant
and
PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA AND SIXTEEN OTHERS First Respondent
SUPPLEMENTARY AFFIDAVIT OF THE SPEAKER OF THE EASTERN CAPE
LEGISLATURE
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IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA
Case CCT 73/05
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 ORGANISATION Tenth Applicant
ZIZAMELE PRESCHOOL TRAINING PROJECT Eleventh Applicant
versus
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
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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
together with
THE SPEAKER OF THE NATIONAL ASSEMBLY Fourteenth Respondent
THE CHAIRPERSON OF THE NATIONAL COUNCIL OF PROVINCES Fifteenth Respondent
I, the undersigned,
NOXOLO KIVIET
do hereby make oath and state:-
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1.
I am the Speaker of the Eastern Cape Provincial Legislature situate at
Independence Avenue, Bhisho. I am duly authorised to depose to this affidavit.
2.
I previously deposed to a confirmatory affidavit in the aforementioned matter on
the 19th January 2006. The purpose of that affidavit was to assist the above
Honourable Court by advising it of the steps which the Eastern Cape Legislature
took in processing and finally approving the Constitutional Twelfth Amendment
Bill. I will hereinafter for the sake of convenience refer to the Bill as the “Twelfth
Amendment Act”.
3.
At that stage neither the Speakers of the Eastern Cape Legislature nor the
KwaZulu Natal Legislature were parties to these proceedings.
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4.
On the 27th February 2006, the above Honourable Court issued further directions
that myself and the Speaker of the KwaZulu Natal Legislature be joined as
parties to these proceedings.
5.
In terms of paragraph 86(c) of the directions, I am required to deal with questions
specifically raised in paragraphs 86(a) (I) to (6) thereof. I propose to supplement
my confirmatory affidavit of the 19th January 2006 only in so far as the process is
concerned as I am advised that the questions posed in paragraphs (a) (1) to (6)
constitute legal argument and will be addressed in the written submissions and heads of argument which will be filed on my behalf in due course. In summary however, I respectfully submit that the Eastern Cape Legislature complied with the requirements of Section 74(8) and Section 118(1)(a) of the Constitution insofar as it was required to do so.
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6.
On the 22nd May 2003 the Rules Committee of the Eastern Cape Legislature
adopted the Standing Rules and these were subsequently adopted by the House
on the 17th September 2003.
7.
Rule 32 deals with the issue of facilitating public involvement in the Legislature
and its Committees. In terms of Standing Rule 32.1.3 an obligation is placed on
the Legislature and its Committees to conduct public hearings on “important
national bills”.
8.
A copy of the extract of Standing Rule 32 is annexed hereto marked annexure
“NK1”.
9.
The Twelfth Amendment Act was considered to be one such Bill by the NCOP
Business Committee at the time. In addition the Portfolio Committee on Local 7
Government and Traditional Affairs also met to debate the Bill and concluded that public hearings be convened.
10.
In order to facilitate public involvement in the Legislative processes all Committee meetings and all public meetings are advertised. The public are invited to make written representations, and to attend the hearings if they are convened.
11.
The Portfolio Committee on Local Government and Traditional Affairs met on the
1st , 8th, 10th and 18th November 2005 respectively to consider the Twelfth
Amendment Act.
12.
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Copies of the minutes of such meetings are annexed hereto as “NK2”, “NK3”,
“NK4” and “NK5” respectively.
13.
Having regard to the contents of those minutes the following is evident:-
13.1. At the meeting on the 1st November 2005, it was resolved that the Bill
would not be considered in detail as it had been informally referred to the
Committee, and would be considered at its next meeting. This is evident if
one has regard to paragraph 2 of the minutes, annexure “NK2” hereto;
13.2. The Portfolio Committee on Local Government and Traditional Affairs
resolved at its meeting of the 8th November 2005 to conduct public
hearings and further that the programme for such hearings would be
discussed at its next meeting. This is evident if one has regard to
paragraph 2 of the minutes, annexure “NK3” hereto;
13.3. On the 10th November 2005 the extent of the consultation was discussed
and it was agreed to hold public hearings between the 14th to 16th
November 2005 in the areas of Umzimkhulu, Maluti, Mt Ayliff, Mt Frere, Mt 9
Fletcher, Mbizana and Ntabankulu which would focus on both the urban
and rural parts of the areas mentioned. Reference to this is to be found at
paragraph 2 of annexure “NK4” hereto.
13.4. On the 18th November 2005 a report of the public hearings was tabled and
the Committee resolved ”Notwithstanding the concerns and limitations
which have been highlighted in the report, the Committee reached a
mandate to support the Bill.” Reference to this is to be found at paragraph
2 of annexure “NK5” hereto.
14.
Public hearings were conducted from the 14th to 16th November 2005. A report on the public hearings was subsequently prepared and presented by the Portfolio
Committee on Local Government and Traditional Affairs on the 18th November
2005.
15.
A copy of this report is annexed hereto as “NK6” hereto.
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16.
Having regard to the report it is apparent that members of the Portfolio met extensively with communities and briefed them on the Bill. The following communities were consulted Mt Frere, Mpoza Great Place, Mgungundlovu,
Lugangeni Great Place; Mandileni, Shinta Community Hall, Shinta Town Hall,
Masakala Community, Khaoue Community Hall,Magadla Great Place in Maluti namely the Maluti Township, Ncedisizwe and Mt Fletcher.
17.
Minutes were kept of the views expressed by the communities and in addition the hearings were conducted in such a manner as to enable the public to interact meaningfully.
18.
Subsequent to the public hearings submissions were received from certain individuals. Due to the bulky nature of the submissions received and the fact that they are in Isizulu and Sesotho, I have annexed a list of the names of persons 11
who made submissions as “NK7”. I will ensure that a bundle of the translated submissions is available at the hearing of the matter.
19.
On the 18th November 2005 the Portfolio Committee on Local Government and
Traditional Affairs held a further consultative meeting with provincial
stakeholders.
20.
A copy of the attendance register for that meeting is annexed hereto as “NK8 “.
21.
The attendance register reflects the following representatives present,
representatives from the affected municipalities, from both the National House
and Provincial House of Traditional Leaders and Telkom.
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22.
The contents of the report of the Portfolio Committee on Local Government and
Traditional Affairs is published in the ATC and forms part of the documentation of
the House. The members present in the House on the 24th November 2005 would have been aware of the contents of the report prior to the debate and voting on the negotiating mandate.
23.
On the 24th November 2005, the House considered the Twelfth Amendment Act.
It was debated extensively was put to a vote in order to approve the Bill. A copy of the extract from Hansard is annexed hereto as “NK 9 ”.
24.
As can be seen from the extract the Bill was debated fully and parties were given
an opportunity to canvass and express their views prior to the vote.
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25.
Accordingly I am satisfied that the Eastern Cape Legislature facilitated public
involvement contemplated in Section 118(1)(a) of the Constitution, and that the
approval required by Section 74(8) of the Constitution was properly obtained in
the Legislature.
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DEPONENT
I hereby certify that the deponent has acknowledged to me that she knows and
understands the contents of this affidavit, which was signed and sworn to before
me at on this day of 2006, and
that the terms of Regulations R1258 and R1648 of 21 July 1972 and 19 August
1977 respectively, have been complied with.
______COMMISSIONER OF OATHS
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