Moutse locals lose ConCourt bid

2011-08-23 13:19
Johannesburg - Moutse residents have lost their Constitutional Court application to have the redemarcation of the municipality from Mpumalanga to Limpopo declared invalid.

In an order delivered on Tuesday, the court rejected their arguments, dismissed the application and ordered the provincial and local government minister to pay costs.

The challenge was brought by the Moutse Demarcation Forum and 15 individuals against President Jacob Zuma and 17 organs of state in 2008.

They had wanted the laws which allowed the altering of provincial boundaries to abolish cross-boundary municipalities declared invalid.

It was as a result of this legislation that areas of Moutse in the Greater Sekhukhune District Municipality, which straddled the provincial boundary between Limpopo and Mpumalanga, were demarcated as being in Limpopo rather than Mpumalanga.

The residents argued that the laws were irrational because they perpetuated boundaries drawn by the apartheid-era government in pursuit of its policy of separate development.

They also argued that the Mpumalanga provincial legislature failed to adequately consult residents who would be affected.

The government submitted that it had held public hearings and recorded residents' opposition to the move.

The residents and their supporters in court on Tuesday - some of them wearing T-shirts bearing the slogan "Mpumalanga for life" - were visibly disappointed at the outcome.

"What a waste of time. This really shows politics," resident Sanny Malapane said.

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