Matatiele Municipality and Others v President of the Republic of South Africa and Others

Parliament enacted the Constitution Twelfth Amendment Act 2005 and the Cross-Boundary Municipalities Laws Repeal and Related Matters Act 23 of 2005 to abolish cross-boundary municipalities and realign provincial boundaries. As a result, the Matatiele Local Municipality was transferred from KwaZulu-Natal to the Eastern Cape. Prior to this, the Minister of Provincial and Local Government had requested the Municipal Demarcation Board to re-determine Matatiele’s boundaries, but the Board proposed that Matatiele remain in KwaZulu-Natal. Parliament nevertheless proceeded with a constitutional amendment incorporating the Minister’s preferred outcome. The applicants, including the Matatiele Municipality and various community and business organisations, challenged the constitutional validity of the Twelfth Amendment and the Repeal Act, alleging that Parliament had unlawfully usurped the powers of the Municipal Demarcation Board and failed to follow constitutionally prescribed procedures.

The Court rejected the main contention that Parliament had unconstitutionally taken over the functions of the Municipal Demarcation Board. Final determination on the procedural validity of the Twelfth Amendment and the constitutionality of the Repeal Act was deferred, with further submissions invited. No final order on costs was made at this stage.

This case clarified the distinction between Parliament’s constitutional power to amend provincial boundaries and the statutory functions of the Municipal Demarcation Board. It affirmed parliamentary sovereignty within constitutional limits in relation to boundary changes and highlighted the need for strict compliance with constitutional procedures when amending the Constitution. The matter later became important for public participation requirements in constitutional amendments affecting provinces.