The government has provided a glimmer of hope to disgruntled former cross-boundary municipality communities by suggesting that Parliament could repeal the law that has moved them to new provinces.
The residents of Moutse, Matatiele and Khutsong have been up in arms since the controversial Constitution Twelfth Amendment Act was passed in December, shifting each to new provinces that they feel will be unable to meet their service delivery needs.
Minister of Provincial and Local Government Sydney Mufamadi this week responded to a memorandum of demands presented to the Presidency last month by suggesting that the residents engage Parliament.
”The only circumstances we know of wherein a parliamentary decision expressed in terms of an Act is reversed, are when such an Act does not meet a constitutional test or if Parliament has changed its mind. It stands to reason, therefore, that in order to bring such a reversal as you visualise, people should have recourse to existing channels in the country, including Parliament itself,” said Mufamadi.
The validity of the Twefth Amendment Act has come under the spotlight for possible irregularities. Apparently, the passing of the amendment did not comply with the rules that require 267 parliamentary votes — a two-thirds majority. The proposed amendment received 266 votes in favour. The Public Protector is now investigating this possible irregularity.
On Wednesday, Khutsong community leader Jomo Mogale said residents would meet to discuss their options in the light of Mufamadi’s response and the Public Protector’s investigation.
In another development, the Mera-fong Municipality issued a press release on Thursday saying that Mera-fong mayor Des van Rooyen is ”still alive”. This followed persistent rumours from the weekend that he had tried to commit suicide. Council spokesperson Seabo Gaeganelwe said: ”We are aware of constant attempts on his life by those who are 100% pro-violence and intimidation.”
Community leaders say the volatile situation in Khutsong has disrupted education, with schoolchildren spending most of the week roaming the streets. They allege that the Khutsong branch of the Congress of South African Students (Cosas) informed learners that, from June 1, all education matters would fall under the management of the North West education department. This led to disruption of classes because learners are opposed to being transferred to that province.
Yet, the Gauteng education department denied any knowledge of such disruption. Spokesperson Mbela Phetlhe said the department held a meeting ”attended by Cosas, the Young Communist League and community leaders” in February to inform them that the issues of demarcation should be left to the authorities. ”Our district has reported on numerous occasions that there is effective learning and teaching in the area.”
But education committee chairperson in the Gauteng legislature Amon Msane said that demarcation disputes have made Khutsong a ”political hot potato” and have impacted negatively on normal schooling. ”Education is not the only issue in Khutsong but, if the situation persists, the department [of education] will come up with programmes to make sure that learners don’t fall far behind in their studies.”