Matatiele to stay in E Cape

2010-02-24 14:17
Johannesburg - Matatiele will stay in the Eastern Cape following a Constitutional Court ruling on Wednesday that the legislation used to transfer it from KwaZulu-Natal was not unconstitutional.

The Poverty Alleviation Network (PAN), representing the Matatiele community, had challenged the constitutionality of the Constitution Thirteenth Amendment Act 2007 and the Cross-Boundary Municipalities Laws Repeal and Related Matters Amendment Act.

In a unanimous judgment delivered by Justice Bess Nkabinde, the court dismissed the application.

The challenge was made mainly on the contention that the lawmaking process did not measure up to the constitutional benchmark for facilitating public involvement.

2005 move

The Matatiele municipality was moved from KwaZulu-Natal to the Eastern Cape in 2005.

PAN claimed that Parliament and the KwaZulu-Natal provincial government merely went through the motions of public participation when they enacted the Constitution Thirteenth Amendment Act.

It submitted that the National Assembly, acting through its portfolio committee and the National Council of Provinces, failed to fulfil its constitutional obligations to facilitate public involvement by affording the people of Matatiele a meaningful opportunity to be heard.

PAN conceded that a public participation process was held, but submitted that only the views of Matatiele residents should have been sought by the KwaZulu-Natal legislature.

However, Nkabinde found no merit in their argument that, in allowing all interested parties to express their views, those of Matatiele residents were "watered down".

PAN had also sought to demonstrate that the Constitution Thirteenth Amendment Act was irrational because the decision to enact it was predetermined, lawmakers were instructed to vote in a particular way and the ruling party instructed its representatives in Parliament to vote for it.

Legitimate government end


Nkabinde found that this argument required the court to go investigate the motives of Parliament and the ruling party.

"The court cannot concern itself with the individual motives of legislators," Nkabinde said.

"If the court preoccupies itself with what precedes the passing of legislation (the motive), to the exclusion of its actual purpose, it would fail to focus on the proper object of inquiry."

She concluded that the legislation was rationally connected to a legitimate governmental end.

"The application must therefore be dismissed," she found.

- SAPA
NEXT ON NEWS24X
SHARE:

Read News24’s Comments Policy

 

Inside News24

 
/News
 

Joburg hot spots for cocktails, craft beer, tapas and wine!

It’s the season to be jolly – so we’ve rounded up some new Joburg hot spots!

 
 

I love summer.24

Summer Survey!
Great ideas for the best summer sandwiches!
Christmas lingerie to make this festive season the best one ever!
13 things you might not know about Disneyland

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Kalahari.com - shop online today

2DAYS ONLY – 30% off Appliances

Coffee makers, blenders, fans, juicers and more. T&Cs apply. Shop now!

2 DAYS ONLY – 40% off books

Get 40% off when you buy 2 books. For two days only! T&Cs apply. Buy now!

Up to 50% off on outdoor gear

Save on chairs, blankets, cooler bags, umbrellas and more. Shop now!

Save on Samsung

Cameras, mobile phones, TVs, Tablets and more. While stocks last. Shop now!

Grand Theft Auto 5

Now available on PS4, Xbox One and PC from R649. Buy now!

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

Horoscopes
Aquarius
Aquarius

The energy today is serious, materialistic and hardworking. You may find you get a new outlook on things and you may want to spend...read more

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.








Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.