Matatiele vote goes ahead
2006-02-27 15:50
Johannesburg - Elections will go ahead in Matatiele, despite residents and businesses' challenge of the constitutionality of legislation on the redemarcation of provincial boundaries.
The Constitutional Court found that it was not in a position to stop the election in Matatiele, because it did not know how this would affect the people living there.
The Twelfth Constitutional Amendment Act and the Cross-boundary Municipalities Laws Repeal and Related Matters Act allow the proposed transfer of Matatiele from KwaZulu-Natal to the Eastern Cape.
They also enable the transfer of Merafong - home to the strife-torn town of Khutsong - from what is perceived as the wealthier province of Gauteng, to its poorer neighbour, North West, raising fears of worsened service delivery.
The people of Merafong have brought their own High Court action to postpone voting in the area, contending that conditions there are not conducive to a free and fair election.
In a majority judgment, the Constitutional Court found that although the municipal demarcation board was an independent authority, Parliament had the constitutional right to determine municipal boundaries.
However, there were doubts whether the KwaZulu-Natal legislature followed the correct procedures in considering and approving the Twelfth Constitutional Amendment Act.
Unlike other affected provinces, the KwaZulu-Natal legislature did not hold public hearings.
The postponed the matter for further hearings on how the Act was passed.
- SAPA