Thirteenth Amendment of the Constitution of South Africa
Encyclopedia
The Thirteenth Amendment of the Constitution of South Africa
(formally the Constitution Thirteenth Amendment Act of 2007) re-enacted provisions of the Twelfth Amendment
which the Constitutional Court
ruled had not been validly enacted. These provisions transferred the Matatiele Local Municipality
from KwaZulu-Natal
province to the Eastern Cape
province.
The Twelfth Amendment had redefined all provincial boundaries and consequently transferred many areas from one province to another. The community of Matatiele, who were strongly opposed to their inclusion in the Eastern Cape, challenged the validity of the amendment before the Constitutional Court. On 18 August 2006, the court handed down its decision in the case of Matatiele Municipality and Others v President of the Republic of South Africa and Others, ruling that the transfer of Matatiele had not been validly enacted because the KwaZulu-Natal Legislature
had not allowed for public participation, as required by the constitution, before approving the amendment. The court, recognising that Parliament might well re-enact the transfer with the necessary public participation and wishing to avoid the disruption that would be caused if the municipal elections of 1 March 2006 were invalidated in the affected area, suspended its order for eighteen months.
Parliament did indeed re-enact the provisions transferring Matatiele to the Eastern Cape, as the Thirteenth Amendments. In form, the amendment substitutes the sections of Schedule 1A to the Constitution that define the areas of the Eastern Cape and KwaZulu-Natal. It was signed by President
Thabo Mbeki
on 13 December 2007, and was published and came into force on the following day.
Constitution of South Africa
The Constitution of South Africa is the supreme law of the country of South Africa. It provides the legal foundation for the existence of the republic, sets out the rights and duties of its citizens, and defines the structure of the government. The current constitution, the country's fifth, was...
(formally the Constitution Thirteenth Amendment Act of 2007) re-enacted provisions of the Twelfth Amendment
Twelfth Amendment of the Constitution of South Africa
The Twelfth Amendment of the Constitution of South Africa altered the boundaries of seven of South Africa's nine provinces...
which the Constitutional Court
Constitutional Court of South Africa
The Constitutional Court of South Africa was established in 1994 by South Africa's first democratic constitution: the Interim Constitution of 1993. In terms of the 1996 Constitution the Constitutional Court established in 1994 continues to hold office. The court began its first sessions in February...
ruled had not been validly enacted. These provisions transferred the Matatiele Local Municipality
Matatiele Local Municipality
Matatiele Local Municipality is an administrative area in the Alfred Nzo District of Eastern Cape in South Africa.The name is derived from the Sesotho language and it means "the ducks have flown", in an apparent reference to the abundance of waterflow that even today inhabit the surrounding pools...
from KwaZulu-Natal
KwaZulu-Natal
KwaZulu-Natal is a province of South Africa. Prior to 1994, the territory now known as KwaZulu-Natal was made up of the province of Natal and the homeland of KwaZulu....
province to the Eastern Cape
Eastern Cape
The Eastern Cape is a province of South Africa. Its capital is Bhisho, but its two largest cities are Port Elizabeth and East London. It was formed in 1994 out of the "independent" Xhosa homelands of Transkei and Ciskei, together with the eastern portion of the Cape Province...
province.
The Twelfth Amendment had redefined all provincial boundaries and consequently transferred many areas from one province to another. The community of Matatiele, who were strongly opposed to their inclusion in the Eastern Cape, challenged the validity of the amendment before the Constitutional Court. On 18 August 2006, the court handed down its decision in the case of Matatiele Municipality and Others v President of the Republic of South Africa and Others, ruling that the transfer of Matatiele had not been validly enacted because the KwaZulu-Natal Legislature
KwaZulu-Natal Legislature
The KwaZulu-Natal Legislature is the primary legislative body of the South African province of KwaZulu-Natal. It is unicameral in its composition, and elects the premier and the provincial cabinet from among the members of the leading party or coalition in the parliament.-Officers:* Speaker - N.P...
had not allowed for public participation, as required by the constitution, before approving the amendment. The court, recognising that Parliament might well re-enact the transfer with the necessary public participation and wishing to avoid the disruption that would be caused if the municipal elections of 1 March 2006 were invalidated in the affected area, suspended its order for eighteen months.
Parliament did indeed re-enact the provisions transferring Matatiele to the Eastern Cape, as the Thirteenth Amendments. In form, the amendment substitutes the sections of Schedule 1A to the Constitution that define the areas of the Eastern Cape and KwaZulu-Natal. It was signed by President
President of South Africa
The President of the Republic of South Africa is the head of state and head of government under South Africa's Constitution. From 1961 to 1994, the head of state was called the State President....
Thabo Mbeki
Thabo Mbeki
Thabo Mvuyelwa Mbeki is a South African politician who served two terms as the second post-apartheid President of South Africa from 14 June 1999 to 24 September 2008. He is also the brother of Moeletsi Mbeki...
on 13 December 2007, and was published and came into force on the following day.
External links
- Official text (PDF)