Merafong Demarcation Forum and Others v President of the Republic of South Africa and Others

The applicants, representing the Merafong community, challenged the constitutional validity of parts of the Constitution Twelfth Amendment Act of 2005 and the Cross-boundary Municipalities Laws Repeal and Related Matters Act 23 of 2005. The Twelfth Amendment altered provincial boundaries and abolished cross-boundary municipalities, resulting in the Merafong City Local Municipality being relocated entirely from Gauteng to North West Province. The applicants contended that the Gauteng Provincial Legislature failed to facilitate adequate public involvement as required by section 118(1)(a) of the Constitution when approving the Amendment in the NCOP, alternatively that it acted irrationally in supporting the Bill. They sought to have the relevant portions of the Twelfth Amendment and Repeal Act declared unconstitutional and invalid.

The application was dismissed. The Constitution Twelfth Amendment Act of 2005 and the relevant provisions of the Cross-boundary Municipalities Laws Repeal and Related Matters Act 23 of 2005 were upheld as constitutionally valid.

This case clarified the scope of the constitutional duty on provincial legislatures to facilitate public involvement in the context of constitutional amendments affecting provincial boundaries. It reaffirmed that meaningful public participation does not require that public views prevail, only that reasonable opportunities to be heard are provided. The judgment also developed the standard of rationality review applicable to legislative decisions of provincial legislatures acting under section 74(8) of the Constitution.