Twelfth Amendment of the Constitution of South Africa

Twelfth Amendment of the Constitution of South Africa
Constitution Twelfth Amendment Act of 2005
Coat of arms of South Africa.svg
Act to amend the Constitution of the Republic of South Africa, 1996, so as to effect a technical change; to re-determine the geographical areas of the nine provinces of the Republic of South Africa; and to provide for matters connected therewith.
Enacted by Parliament of South Africa
Date assented to 22 December 2005
Date commenced 1 March 2006
Legislation history
Bill Constitution Twelfth Amendment Bill
Bill citation B33—2005
Bill published on 26 August 2005
Introduced by Brigitte Mabandla, Minister of Justice and Constitutional Development
Related legislation
Thirteenth Amendment, Sixteenth Amendment

The Twelfth Amendment of the Constitution of South Africa (formally the Constitution Twelfth Amendment Act of 2005) altered the boundaries of seven of South Africa's nine provinces. It also redefined all of the province's geographical areas in terms of the areas of district and metropolitan municipalities, and repealed the provisions introduced by the Third Amendment that allowed municipal areas to cross provincial boundaries. A number of the boundary changes were highly controversial and led to popular protest and court challenges.

Contents

Provisions

Before the Twelfth Amendment, the Constitution defined the provinincial boundaries by reference to the previous Interim Constitution, which defined them in terms of magistrates' court districts and the areas of the former bantustans. The government identified two issues with the existing boundaries: the first was the existence of municipalities that crossed provincial boundaries, permitted since the introduction of the Third Amendment, which led to complications in budgeting and service delivery. The second was the boundary between the Eastern Cape and KwaZulu-Natal, where there was the large Umzimkhulu exclave of the Eastern Cape surrounded by KwaZulu-Natal, and the smaller Mount Currie exclave of KwaZulu-Natal surrounded by the Eastern Cape.

The Twelfth Amendment added to the constitution Schedule 1A, entitled "Geographical Areas of Provinces", which listed for each province a series of maps depicting the boundaries of the district municipalities that made up the territory of the province. These maps were published by the Municipal Demarcation Board in Notice 1998 of 2005. The amendment also replaced section 103 of the constitution; the original text of this section defined the provincial boundaries by reference to the 1993 constitution, while the substituted text defined them by reference to Schedule 1A.

The boundary changes which resulted from the amendment were:

These changes had the result of eliminating all cross-border municipalities and all exclaves or enclaves. The only provinces not affected were the Western Cape and the Free State.

The amendment also removed the provisions, inserted by the Third Amendment, that permitted cross-boundary municipalities to exist.

Opposition

Some communities were unhappy about being transferred from one province to another; in particular the people of Matatiele and Khutsong were dissatisfied at being included in the Eastern Cape and the North West, respectively. In both cases the "new" province was seen as being less well-resourced than the "old" province.

The Matatiele Municipality, along with local community and business organisations, challenged the validity of the Twelfth Amendment before the Constitutional Court, on the grounds that Parliament had usurped the powers of the Municipal Demarcation Board to alter municipal boundaries, and that the KwaZulu-Natal Legislature had not carried out the necessary public participation before approving the amendment. (Constitutional amendments affecting a specific province must be approved by that province's legislature, and all legislative bodies are required to facilitate public participation in their decisions.) The court disagreed with the first claim but agreed with the second, ruling that the part of the amendment that transferred Matatiele to the Eastern Cape was invalid. The court, however, suspended the ruling of invalidity for eighteen months to allow Parliament to re-enact the changes with the necessary public participation.[1][2] The changes were later re-enacted as the Thirteenth Amendment, which survived a similar court challenge.[3]

The people of Khutsong resorted to marches, protests (in some cases violent) and boycotts and stayaways.[4][5][6] In the 2006 municipal elections, only 220 valid votes were cast in Khutsong despite there being nearly 30 000 registered voters.[7] In 2009 the Merafong City Municipality, which contains Khutsong, was transferred back to Gauteng by the Sixteenth Amendment.

References

  1. ^ Matatiele Municipality and Others v President of the Republic of South Africa and Others [2006] ZACC 12, 2007 (1) BCLR 47 (CC) (18 August 2006), Constitutional Court (South Africa)
  2. ^ Msomi, Sibonelo (18 August 2006). "Matatiele redemarcation invalid". The Witness. http://www.news24.com/SouthAfrica/Politics/Matatiele-redemarcation-invalid-20060818. Retrieved 28 August 2011. 
  3. ^ "Matatiele to stay in E Cape". Sapa. 24 February 2010. http://www.news24.com/SouthAfrica/News/Matatiele-to-stay-in-E-Cape-20100224. Retrieved 28 August 2011. 
  4. ^ "Khutsong residents dissatisfied". Sapa. 18 November 2005. http://www.news24.com/SouthAfrica/Politics/ANC-wins-in-Khutsong-20060302. Retrieved 28 August 2011. 
  5. ^ "Khutsong protestors, cops clash". Sapa. 14 December 2005. http://www.news24.com/SouthAfrica/News/Khutsong-protestors-cops-clash-20051214. Retrieved 28 August 2011. 
  6. ^ "Khutsong boycotters stand firm". Sapa. 7 May 2007. http://www.news24.com/SouthAfrica/News/Khutsong-boycotters-stand-firm-20070507. Retrieved 28 August 2011. 
  7. ^ "ANC wins in Khutsong". Sapa. 2 March 2006. http://www.news24.com/SouthAfrica/Politics/ANC-wins-in-Khutsong-20060302. Retrieved 28 August 2011. 

External links


Wikimedia Foundation. 2010.

Игры ⚽ Поможем написать курсовую

Look at other dictionaries:

  • Third Amendment of the Constitution of South Africa — Constitution Third Amendment Act of 1998 Act to amend the Constitution of the Republic of South Africa, 1996, so as to provide that, where a municipal boundary is determined across a provincial boundary, national legislation must make provision… …   Wikipedia

  • Thirteenth Amendment of the Constitution of South Africa — Constitution Thirteenth Amendment Act of 2007 Act to amend the Constitution of the Republic of South Africa, 1996, so as to correct invalid provisions inserted into the Constitution; and to provide for matters connected therewith. Enacted by …   Wikipedia

  • Ninth Amendment of the Constitution of South Africa — Constitution Ninth Amendment Act of 2002 Act to amend the Constitution of the Republic of South Africa, 1996, in order to regulate the allocation of delegates to the National Council Provinces in the event of changes of party membership, mergers… …   Wikipedia

  • Eighth Amendment of the Constitution of South Africa — Constitution Eighth Amendment Act of 2002 Act to amend the Constitution of the Republic of South Africa, 1996, so as to enable a member of a Municipal Council to become a member of another party whilst retaining membership of that Council; to… …   Wikipedia

  • Seventh Amendment of the Constitution of South Africa — Constitution Seventh Amendment Act of 2001 Act to amend the Constitution of the Republic of South Africa, 1996, so as to provide for the introduction, only by the Cabinet member responsible for national financial matters, of certain financial… …   Wikipedia

  • Tenth Amendment of the Constitution of South Africa — Constitution Tenth Amendment Act of 2003 Act to amend the Constitution of the Republic of South Africa, 1996, so as to enable a member of the National Assembly or a provincial legislature to become a member of another party whilst retaining… …   Wikipedia

  • Fifth Amendment of the Constitution of South Africa — Constitution Fifth Amendment Act of 1999 Act to amend the Constitution of the Republic of South Africa, 1996, so as to allow a proclamation calling and setting dates for an election of the National Assembly to be issued either before or after the …   Wikipedia

  • Fourth Amendment of the Constitution of South Africa — Constitution Fourth Amendment Act of 1999 Act to amend the Constitution of the Republic of South Africa, 1996, so as to enable a proclamation calling and setting dates for an election of a provincial legislature to be issued either before or… …   Wikipedia

  • Sixth Amendment of the Constitution of South Africa — Constitution Sixth Amendment Act of 2001 Act to amend the Constitution of the Republic of South Africa, 1996, so as to change the title of the President of the Constitutional Court to that of Chief Justice; to provide for the offices of Deputy… …   Wikipedia

  • Eleventh Amendment of the Constitution of South Africa — Constitution Eleventh Amendment Act of 2003 Act to amend the Constitution of the Republic of South Africa, 1996, so as to provide for Bills regulating certain financial matters to be dealt with in terms of section 76 (1) of the Constitution; to… …   Wikipedia

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”