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 2 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 3 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:- 4 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. 5 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. 6 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. 8 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. 10 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. 12 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. 13 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 14 .