The municipality of Matatiele seems likely to stay in the Eastern Cape, according to Provincial and Local Government Minister Sydney Mufamadi.
Briefing the media on Thursday following Cabinet’s fortnightly meeting the day before, he said new draft legislation would re-affirm the current cross-boundary arrangements as they are now, ”maintaining the configuration of Matatiele as preserved by the court’s suspension”.
On August 18 last year, the Constitutional Court declared invalid those provisions of the Constitution Twelfth Amendment Act transferring Matatiele from KwaZulu-Natal to the Eastern Cape.
The court ruled KwaZulu-Natal had failed to facilitate public participation in the legislative process as required by the Constitution.
However, the court suspended the ruling of invalidity to give parliament 18 months to correct the constitutional defect that led to the order of invalidity.
The new draft Cross-boundary Municipalities Law Repeal and Related Matters Bill would complement another new draft constitutional amendment that would re-affirm the current cross-boundary arrangements as they are now.
The draft Bill would be published on Friday, as a first step to correct the defective legislative and participatory process.
The Justice and Constitutional Development Department would process the new draft constitutional amendment, he said. — Sapa