Constitutional Court dismisses Moutse demarcation challenge

 

The applicants based their challenge on two main points, firstly that the Act itself was irrational in that it perpetuated previous apartheid era boundaries and secondly, that it was unreasonable in that the community was not properly consulted regarding the Act and the move. The community claimed that the public meeting which was held and the resulting report handed to the Mpumalanga Provincial Legislature was insufficient as public consultation. 

 

The Court dismissed both grounds stating that the Act had as its primary objective the removal of cross-boundary municipalities and not the perpetuation of previous apartheid boundaries. The Court also stated that the public consultation which took place during a public meeting was sufficient and that had the legislators wanted further information, they could have asked for it after considering the report. 

 

The Court, however, also found that the political process which the Minister of Provincial and Local Government (now renamed the Minister of Cooperative Governance and Traditional Affairs) had resulted in unnecessary delays and postponements in the matter and ordered the Minister to pay the costs of those postponements. 

 

“Although disappointed by the outcome of the decision, we recognise that our clients received a full and complete hearing before the Court and that they had an opportunity to challenge the demarcation decision that moved the community from Mpumalanga to Limpopo,” said David Cote, Coordinator of Strategic Litigation at Lawyers for Human Rights. 

 

It should be noted that this is not the first time that the Moutse community has had to turn to the courts to contest decisions to remove them. In 1988, the community successfully challenged the decision by the Apartheid government to move them from the Lebowa homeland to KwaNdebele before the then Appellate Division. For many in the community, this is still within living memory. 

 

The Court recognised the seriousness of this case and emphasized that it was not vexatious or frivolous. Although the court has pronounced on the legality of the Amendment Act, this does not bring to an end the search for a political solution.  

 

LHR urges all parties, but particularly the provincial and national governments, to continue to work in good faith in seeing through the political process and finding a solution that will create unity and cohesion within the community. 

 

Finally, LHR would like to again express its gratitude to Legal Aid South Africa for their ongoing financial support.

 

For more information, please contact:

 

Jacob van Garderen                                     David Cote

National Director                                           Coordinator: Strategic Litigation Unit

Lawyers for Human Rights                          Lawyers for Human Rights

012-320-2943 / 082-820-3960                    0726287698