The Minister of Justice and Constitutional Development intends introducing the Constitution Sixteenth Amendment Bill of 2009, in the National Assembly. The Bill is hereby published for public comment in accordance with section 74(5)(a) of the Constitution of the Republic of South Africa, 1996. Any person wishing to comment on the proposed amendments is invited to submit written comments to the Minister of Justice and Constitutional Development. Comments should kindly be directed for the attention of Mr J J Labuschagne, Private Bag X 81, Pretoria, 0001, by not later than 8 January 2009. (Electronic mail address: Jolabuschagne@justice.gov.
To amend the Constitution of the Republic of South Africa, 1996, in order to re-determine the geographical areas of the provinces of Gauteng and North West; and to provide for matters connected therewith.
Amendment of Schedule 1A to the Constitution of the Republic of South Africa, 1996, as inserted by section 4 of the Constitution Twelfth Amendment Act of 2005, and amended by section 1 of the Constitution Thirteenth Amendment Act of 2007 1.
the substitution, under the heading "The Province of Gauteng", for the reference to "Map No. 4 of Schedule 1 to Notice 1998 of 2005" of a reference to "Map No.
the substitution, under the heading "The Province of North West", for the reference to "Map No. 5 of Schedule 1 to Notice 1998 of 2005" of a reference to "Map No. 5 in Notice 1490 of 2008".
This Act is called the Constitution Sixteenth Amendment Act of 2009, and comes into operation on a date set by the President by proclamation in the Gazette.
provincial boundaries be reviewed so that all municipalities fall within one province or the other, the Constitution Twelfth Amendment Act of 2005, re-determined the geographical areas of certain provinces of the Republic of South Africa to avoid municipal boundaries stretching over provincial boundaries. This resulted, amongst others, in the Merafong City Local Municipality (which includes the area of Khutsong) being incorporated into the province of North West. The residents of the Merafong City Local Municipality, and especially of Khutsong, have clearly expressed their opposition against their incorporation into the province of North West.
1 .2 In Merafong Demarcation Forum and Others v President of the Republic of South Africa and Others 2008 (5) SA 171 (CC), the applicants challenged the validity of those parts of the Constitution Twelfth Amendment Act of 2005, that relate to the incorporation of the Merafong City Local Municipality into the province of North West. The applicants requested the Constitutional Court to declare that the provincial legislature of Gauteng had failed to comply with its obligation in terms of section 118 of the Constitution of the Republic of South Africa, 1996 (the Constitution), to facilitate public involvement in its processes leading up to the approval of the Constitution Twelfth Amendment Bill of 2005 (the Twelfth Amendment Bill) by the National Council of Provinces (the NCOP). In the alternative, they sought a declaration that the provincial legislature of Gauteng had failed to exercise its legislative powers rationally when it decided to vote in support of the relevant parts of the Twelfth Amendment Bill in the NCOP. On 13 June 2008 the Constitutional Court handed down judgment and held that "[t]he applicants have not shown that the Gauteng Provincial Legislature failed to facilitate public involvement, or acted irrationally, in supporting the Twelfth Amendment Bill in the NeOP". Consequently, the application was dismissed.
1.3 The residents of Khutsong have advanced various reasons for their continuous demand to be re-incorporated into the province of Gauteng. This has led to a decision being taken by Government to re-incorporate the Merafong City Local Municipality into the province of Gauteng.
2.1 The Bill intends to give effect to the decision to re-incorporate the Merafong City Local Municipality into the province of Gauteng. This is sought to be achieved by amending Schedule 1 A to the Constitution in order to re-determine the geographical areas of the provinces of Gauteng and North West.
2.2 The Cross-boundary Municipalities Laws Repeal and Related Matters Amendment Bill, 2009 (the· Repeal Bill), intends to provide for consequential matters as a result of the re-determination of the geographical areas of the provinces of Gauteng and North West.
2.3 In view of the interrelationship between the Bill and the Repeal Bill, the two Bills should be dealt with as a package in Parliament and should be passed by Parliament and implemented simultaneously.
3.1 The Department of Justice and Constitutional Development is of the opinion that the proposed amendments fall within the ambit of section 74(3)(b) of the Constitution and consequently require the approval of both the National Assembly and the National Council of Provinces.
3.2 As the Bill intends to re-determine the geographical areas of the provinces of Gauteng and North West, the National Council of Provinces may not, in terms of section 74(8) of the Constitution, pass the Bill unless it has been approved by the legislatures of the provinces concerned.