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

The applicants, comprising the Moutse Demarcation Forum and residents of the Moutse area, challenged the constitutional validity of portions of the Constitution Twelfth Amendment Act of 2005 and the Cross-Boundary Municipalities Laws Repeal and Related Matters Act. These laws abolished cross-boundary municipalities and redefined provincial boundaries, resulting in the relocation of Moutse 1 and Moutse 3 from Mpumalanga Province to Limpopo Province. The applicants opposed the relocation, arguing that it perpetuated apartheid-era boundaries and that the Mpumalanga Provincial Legislature failed to facilitate adequate public participation before approving the constitutional amendment.

The Court declared the approval of the Constitution Twelfth Amendment Bill by the Mpumalanga Provincial Legislature unconstitutional due to inadequate public participation. The declaration of invalidity was suspended for 18 months to allow Parliament and the provincial legislature to remedy the defect.

This case reinforces the constitutional obligation of provincial legislatures to meaningfully facilitate public participation in legislative processes, even when dealing with constitutional amendments. It also clarifies the application of the rationality test to constitutional amendments affecting provincial boundaries and local government structures.