IN THE CONSTITUTIONAL COURT OF

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

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 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.

______

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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