IN the CONSTITUTIONAL COURT of SOUTH AFRICA CASE NO: CCT /07 in the Matter Between
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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 ______________________________________________________ FOUNDING AFFIDAVIT ______________________________________________________ I, the undersigned, ISRAEL MOLEPE MOGALE state under oath as follows: 1. I am a teacher at Badirile High School residing at 7817, Extension 1 Khutsong. I have lived in Khutsong for more than 24 years and am 3 the spokesperson for the Merafong Demarcation Forum the First Applicant, (hereinafter “the MDF”). I am the Second Applicant herein. The facts contained in this affidavit are to the best of my knowledge both true and correct and are within my personal knowledge. 2. 2.1 The MDF is an organisation of people who are fighting for democracy to prevail in Merafong. This organisation is established by the members of the community drawn from political organisations, Churches, taxi associations, women’s movements, students, trade unions, small and medium businesses and other professionals, including teachers, nurses and lawyers. I attach a copy of the Constitution / Mission of the MDF hereto as Annexure “1”. 2.2 I submit that the MDF is an association acting in the interests of its members as contemplated by section 38(e) of the Constitution of the Republic of South Africa. 2.3 I further submit that I and the other Applicants (i.e. Applicants three to eleven) also have standing herein by virtue of sections 38(a) and (c) of the Constitution. Furthermore I submit that we 4 are all acting in the public interest as contemplated in section 38(e) of the Constitution. 3. The Third to Eleventh Applicants herein are the following: 3.1 The Third Applicant is PAUL NGWANE, an adult male taxi owner residing at 4252 Khayalethu, Khutsong. The Third Applicant is a member of the Carletonville United Taxi Association (“CUTA”). He is also the chairman of South African Leisure and Tourism which is an organisation committed to promoting tourism in South African townships. The Third Applicant is also the chairperson of the Khutsong Civic Organisation. The Khutsong Civic Organisation promotes, amongst others, efficient service delivery of municipal services. 3.2 The Fourth Applicant is PAUL THABANE MOSENOGI, an adult male Priest residing at 3784 Khutsong. The Fourth Applicant is a Priest of the Lutheran Church in Southern Africa, Khutsong congregation. He is also the deputy chairperson of the Khutsong Ministers Fraternal. The Khutsong Ministers Fraternal is a body of interdenominational Pastors. The Fourth Applicant has resided in Khutsong for approximately nine years. 5 3.3 The Fifth Applicant is JOHANNES MAKGAJE MOTSUMI, an adult male attorney residing at 14 Umlaas Street, Carletonville. The Fifth Applicant practices as an attorney for his own account at Johannes Makgaje Motsumi Attorneys in Carletonville. The Fifth Applicant was born in Khutsong and has lived in Khutsong for 35 years. 3.4 The Sixth Applicant is TEBOGO JEREMIAH DANIEL, residing at 51st Avenue, Welverdien, Carletonville. The Fifth Applicant is a teacher at Kamohelo Primary School, Khutsong. The Sixth Applicant is a member of the South African Democratic Teachers Union (“SADTU”) and is also a member of SADTU’s executive committee of the local branch. The Sixth Applicant is also chairperson of the Khutsong Sports Forum, an organisation promoting participation in sporting activities in Khutsong. 3.5 The Seventh Applicant is PEARL KHANYILE, an adult female residing at 5810 Extension 2, Khutsong. The Seventh Applicant is a self-employed businesswoman. She is also a member of the Khutsong Women’s Forum and a member of the South African Communist Party (“SACP”). 6 3.6 The Eighth Applicant is ALFRED FANYANA MOTLOUNG, an adult businessman residing at 6148 Extension 3, Khutsong. The Eighth Applicant is the owner of a tavern in Khutsong and has lived in Khutsong for approximately 20 years. 3.7 The Ninth Applicant is MXOLISI BLESSING DILIMA, an adult businessman residing at 7749 Extension 1, Khutsong. The Ninth Applicant is the owner of a driving school in Khutsong and has lived in Khutsong for approximately 20 years. 3.8 The Tenth Applicant is MICHAEL MADULUBE, an adult male residing at Section 931 Khutsong. The Tenth Applicant is the chairperson of the Khutsong branch of the United Democratic Movement. 3.9 The Eleventh Applicant is TELEKI JOHANNES MATHIKGE, an adult male residing at 3633 Khutsong, Carletonville. The Eleventh Applicant is a teacher at Badirile High School, Khutsong. He is also the chairman of the Merafong Demarcation Forum and has lived in Carletonville for approximately 45 years. 7 4. All the above Applicants reside in Merafong City Local Municipality (hereinafter “Merafong”), mainly in the two major townships therein i.e. Carletonville and Khutsong which is situated to the North, immediately outside of Carletonville. 5. The First Respondent is THE PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA of West Wing, Union Buildings, Government Avenue, Pretoria. The First Respondent is cited herein in his capacity as Head of State and as Head of The National Executive c/o THE STATE ATTORNEY, 8th Floor, Old Mutual Centre, 167 Andries Street, Pretoria. 6. The Second Respondent is THE MINISTER OF PROVINCIAL AND LOCAL GOVERNMENT of Cnr Hamilton & Proes Streets, Arcadia, Pretoria c/o THE STATE ATTORNEY, 8th Floor, Old Mutual Centre, 167 Andries Street, Pretoria. The Second Respondent is cited herein as head of the Department of Provincial and Local Government. 8 7. The Third Respondent is THE MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT of Momentum Building, Cnr Prinsloo & Pretorius Streets, Pretoria c/o THE STATE ATTORNEY, 8th Floor, Old Mutual Centre, 167 Andries Street, Pretoria. The Third Respondent is cited herein as head of the Department of Justice and Constitutional Development. 8. The Fourth Respondent is THE PREMIER OF GAUTENG PROVINCE of East Wing, 13th Floor, Gauteng Provincial Government Building, 30 Simmonds Street, Marshalltown, Johannesburg. The Fourth Respondent is cited herein as head of the Gauteng Provincial Government. 9. The Fifth Respondent is THE MEC FOR LOCAL GOVERNMENT GAUTENG PROVINCE of East Wing, 13th Floor, Gauteng Provincial Government Building, 30 Simmonds Street, Marshalltown, 9 Johannesburg. The Fifth Respondent is cited herein as head of the Gauteng Provincial Department of Local Government. 10. The Sixth Respondent is THE GAUTENG PROVINCIAL LEGISLATURE situated at Cnr Loveday & President Streets, Johannesburg. 11. The Seventh Respondent is THE PREMIER OF NORTH WEST PROVINCE of 3rd Floor, Ga-Rona Building, Cnr Provident & University Drive, Mmabatho. The Seventh Respondent is cited herein as the head of the North West Provincial Government. 12. The Eighth Respondent is THE MEC FOR LOCAL GOVERNMENT FOR NORTH WEST PROVINCE of 3rd Floor, Ga-Rona Building, Cnr Provident & University Drive, Mmabatho. The Eight Respondent is 10 cited herein as head of the North West Provincial Department of Local Government. 13. The Ninth Respondent is THE NORTH WEST PROVINCIAL LEGISLATURE of 3rd Floor, Ga-Rona Building, Cnr Provident & University Drive, Mmabatho. 14. The Tenth Respondent is THE MUNICIPAL DEMARCATION BOARD a Board with status as a juristic person established in terms of section 2 of the Local Government: Municipal Demarcation Act, No. 27 of 1998, which has its offices at Iparioli Park, 1166 Park Street, Block D2, Hatfield, Pretoria. 11 15. The Eleventh Respondent is MERAFONG CITY LOCAL MUNICIPALITY, a municipality established in terms of the Local Government: Municipal Structures Act 117 of 1998. Having its principal place of business at Malite Street, Carletonville. 16. The Twelfth Respondent is WEST RAND DISTRICT MUNICIPALITY, a District Municipality established in terms of the Local Government: Municipal Structures Act 117 of 1998, with principal place of business situated at Cnr Sixth and Park Streets, Randfontein. 17. The Thirteenth Respondent is THE SOUTHERN DISTRICT MUNICIPALITY, a District Municipality established in terms of Local Government: Municipal Structures Act 117 of 1998, with principal place of business at Civic Centre, Patmore Road, Orkney. 12 18. The Fourteenth Respondent is THE SPEAKER OF THE NATIONAL ASSEMBLY of Parliament Building, Parliament Street, Cape Town. 19. The Fifteenth Respondent is THE CHAIRPERSON OF THE NATIONAL COUNCIL OF