Twelfth Amendment of the Constitution of South Africa

Last updated
Constitution Twelfth Amendment Act of 2005
Coat of arms of South Africa (heraldic).svg
Parliament of South Africa
  • Act to amend the Constitution of the Republic of South Africa, 1996, so as to effect a technical change; to re-determine the geographical areas of the nine provinces of the Republic of South Africa; and to provide for matters connected therewith.
Enacted by Parliament of South Africa
Enacted14 December 2005
Assented to22 December 2005
Commenced1 March 2006
Legislative history
Bill titleConstitution Twelfth Amendment Bill
Bill citationB33B—2005
Introduced by Brigitte Mabandla, Minister of Justice and Constitutional Development
Introduced30 September 2005
Amends
Constitution of the Republic of South Africa, 1996
Repeals
Constitution Third Amendment Act of 1998 (effectively)
Related legislation
Thirteenth Amendment, Sixteenth Amendment

The Twelfth Amendment of the Constitution of South Africa (formally the Constitution Twelfth Amendment Act of 2005) altered the boundaries of seven of South Africa's nine provinces. It also redefined all of the provinces' geographical areas in terms of the areas of district and metropolitan municipalities, and repealed the provisions introduced by the Third Amendment that allowed municipal areas to cross provincial boundaries. A number of the boundary changes were highly controversial and led to popular protest and court challenges.

Contents

Provisions

Areas and boundaries affected by the Twelfth Amendment South Africa 2006 provincial border changes map.svg
Areas and boundaries affected by the Twelfth Amendment

Before the Twelfth Amendment, the Constitution defined the provincial boundaries by reference to the previous Interim Constitution, which defined them in terms of magistrates' court districts and the areas of the former bantustans. The government identified two issues with the existing boundaries: the first was the existence of municipalities that crossed provincial boundaries, permitted since the introduction of the Third Amendment, which led to complications in budgeting and service delivery. The second was the boundary between the Eastern Cape and KwaZulu-Natal, where there was the large Umzimkhulu enclave of the Eastern Cape surrounded by KwaZulu-Natal, and the smaller Mount Currie enclave of KwaZulu-Natal surrounded by the Eastern Cape.

The Twelfth Amendment added to the constitution Schedule 1A, entitled "Geographical Areas of Provinces", which listed for each province a series of maps depicting the boundaries of the district municipalities that made up the territory of the province. These maps were published by the Municipal Demarcation Board in Notice 1998 of 2005. The amendment also replaced section 103 of the constitution; the original text of this section defined the provincial boundaries by reference to the 1993 constitution, while the substituted text defined them by reference to Schedule 1A.

The boundary changes which resulted from the amendment were:

These changes had the result of eliminating all cross-border municipalities and all exclaves or enclaves. The only provinces not affected were the Western Cape and the Free State.

The amendment also removed the provisions, inserted by the Third Amendment, that permitted cross-boundary municipalities to exist.

Legislative history

The bill amendment was passed by the National Assembly on 15 November 2005. As a constitutional amendment it needed to be supported by two-thirds of the members of parliament, i.e. 267 votes. The initial vote was only 266 in favour, but on constitutional amendments the presiding member is entitled to cast a deliberative vote, which she did, raising the total to 267 votes in favour. [1] The National Council of Provinces passed the bill on 14 December with all nine provinces voting in favour. [2] It was signed by President Thabo Mbeki on 22 December 2005, but only came into force on 1 March 2006.

Opposition

Some communities were unhappy about being transferred from one province to another; in particular the people of Matatiele and Khutsong were dissatisfied at being included in the Eastern Cape and the North West, respectively. In both cases the "new" province was seen as being less well-resourced than the "old" province.

The Matatiele Municipality, along with local community and business organisations, challenged the validity of the Twelfth Amendment before the Constitutional Court, on the grounds that Parliament had usurped the powers of the Municipal Demarcation Board to alter municipal boundaries, and that the KwaZulu-Natal Legislature had not carried out the necessary public participation before approving the amendment. (Constitutional amendments affecting a specific province must be approved by that province's legislature, and all legislative bodies are required to facilitate public participation in their decisions.) The court disagreed with the first claim but agreed with the second, ruling that the part of the amendment that transferred Matatiele to the Eastern Cape was invalid. The court, however, suspended the ruling of invalidity for eighteen months to allow Parliament to re-enact the changes with the necessary public participation. [3] [4] The changes were later re-enacted as the Thirteenth Amendment, which survived a similar court challenge. [5] Some residents of Matatiele also founded the African Independent Congress as a political party to campaign against the transfer.

The people of Khutsong resorted to marches, protests (in some cases violent) and boycotts and stayaways. [6] [7] [8] In the 2006 municipal elections, only 220 valid votes were cast in Khutsong despite there being nearly 30,000 registered voters. [9] In 2009 the Merafong City Municipality, which contains Khutsong, was transferred back to Gauteng by the Sixteenth Amendment.

Related Research Articles

<span class="mw-page-title-main">Provinces of South Africa</span> First-level administrative divisions

South Africa is divided into nine provinces. On the eve of the 1994 general election, South Africa's former homelands, known as Bantustans, were reintegrated into the country, and the four provinces were increased to nine. The borders of Natal and the Orange Free State were retained, while the Cape Province and Transvaal were divided into three provinces each, plus North West Province which straddles the border of and contains territory from both these two former provinces. The twelfth, thirteenth and sixteenth amendments to the Constitution of South Africa changed the borders of seven of the provinces.

<span class="mw-page-title-main">KwaZulu-Natal</span> Province in South Africa

KwaZulu-Natal is a province of South Africa that was created in 1994 when the government merged the Zulu bantustan of KwaZulu and Natal Province.

<span class="mw-page-title-main">Transvaal (province)</span> 1910–1994 province of South Africa

The Province of the Transvaal, commonly referred to as the Transvaal, was a province of South Africa from 1910 until 1994, when a new constitution subdivided it following the end of apartheid. The name "Transvaal" refers to the province's geographical location to the north of the Vaal River. Its capital was Pretoria, which was also the country's executive capital.

<span class="mw-page-title-main">Constitution of South Africa</span> Supreme and fundamental law of South Africa

The Constitution of South Africa is the supreme law of the Republic of South Africa. It provides the legal foundation for the existence of the republic, it sets out the rights and duties of its citizens, and defines the structure of the Government. The current constitution, the country's fifth, was drawn up by the Parliament elected in 1994 in the South African general election, 1994. It was promulgated by President Nelson Mandela on 18 December 1996 and came into effect on 4 February 1997, replacing the Interim Constitution of 1993. The first constitution was enacted by the South Africa Act 1909, the longest-lasting to date. Since 1961, the constitutions have promulgated a republican form of government.

<span class="mw-page-title-main">Matatiele</span> Place in Eastern Cape, South Africa

Matatiele is a town located in the northern part of the Eastern Cape Province of South Africa. According to the South African National Census of 2011, its 12,466 residents and 4,107 households make Matatiele the largest populated town in the Matatiele Local Municipality.

In South Africa, vehicle registration plates, known as number plates, are issued by the Department of Transport in each of its provinces. Each province have plates with unique designs, colour schemes, and alphanumeric patterns. For instance, the plates display combinations like AB 12 CD GP or CA 123-456, with distinct variations in layout and formatting across different regions of the country.

<span class="mw-page-title-main">Courts of South Africa</span>

The courts of South Africa are the civil and criminal courts responsible for the administration of justice in South Africa. They apply the law of South Africa and are established under the Constitution of South Africa or under Acts of the Parliament of South Africa.

<span class="mw-page-title-main">Provincial heritage site (South Africa)</span>

Provincial heritage sites in South Africa are places that are of historic or cultural importance within the context of the province concerned and which are for this reason declared in terms of Section 28 of the National Heritage Resources Act (NHRA) or legislation of the applicable province. The designation was a new one that came into effect with the introduction of the Act on 1 April 2000 when all former national monuments declared by the former National Monuments Council and its predecessors became provincial heritage sites as provided for in Section 58 of the Act.

<span class="mw-page-title-main">African Independent Congress</span> Political party from South Africa

The African Independent Congress (AIC) is a minor political party in South Africa.

<span class="mw-page-title-main">KwaZulu-Natal Elimination and Prevention of Re-emergence of Slums Act, 2007</span> South African provincial law

The KwaZulu-Natal Elimination and Prevention of Re-emergence of Slums Act, 2007 was a provincial law dealing with land tenure and evictions in the province of KwaZulu-Natal in South Africa.

The primary administrative divisions of South Africa are the nine provinces. The provinces are divided into 52 districts, which are either metropolitan or district municipalities, with the district municipalities being further divided into local municipalities. Metropolitan and local municipalities are divided into wards.

<span class="mw-page-title-main">Distribution of white South Africans</span>

The distribution of white South Africans is fairly evenly spread. According to the 2022 South African census, they comprise 7.7% of the total population and number 4,639,268. They are found in large numbers in practically every province in South Africa but always as a minority. They are high in concentration in large cities.

<span class="mw-page-title-main">Matatiele Local Municipality</span> Local municipality in Eastern Cape, South Africa

Matatiele Municipality is a local municipality within the Alfred Nzo District Municipality, in the Eastern Cape province of South Africa. It adjoins Lesotho to the north, Elundini to the south-west, and Greater Kokstad to the east and its 4,352 km² makes the Matatiele Municipality largest of four municipalities in the district at almost half of its geographical area. According to the South African National Census of 2011, its 203,483 residents and 49,527 households makes Matatiele Municipality the second largest populated area in the Alfred Nzo District Municipality behind Mbizana.

<span class="mw-page-title-main">Umzimkhulu Local Municipality</span> Local municipality in KwaZulu-Natal, South Africa

Umzimkhulu Municipality is a local municipality within the Harry Gwala District Municipality, in the KwaZulu-Natal province of South Africa. Umzimkhulu is an isiXhosa and isiZulu word meaning "big/great house". Prior to the Twelfth Amendment of the Constitution of South Africa in 2005, confirmed by the Thirteenth in 2007, it was part of the Eastern Cape.

<span class="mw-page-title-main">Thirteenth Amendment of the Constitution of South Africa</span> Amendment of the South African constitution regarding provincial boundaries

The Thirteenth Amendment of the Constitution of South Africa re-enacted provisions of the Twelfth Amendment which the Constitutional Court ruled had not been validly enacted. These provisions transferred the Matatiele Local Municipality from KwaZulu-Natal province to the Eastern Cape province.

The nine provinces of South Africa are governed by provincial governments which form the second layer of government, between the national government and the municipalities. The provincial governments are established, and their structure defined, by Chapter Six of the Constitution of South Africa.

Umzimkhulu is a town in Harry Gwala District Municipality in the KwaZulu-Natal province of South Africa.

There have been many political assassinations in post-apartheid South Africa. In 2013 it was reported that there had been more than 450 political assassinations in the province of KwaZulu-Natal since the end of apartheid in 1994. In July 2013 the Daily Maverick reported that there had been "59 political murders in the last five years". In August 2016 it was reported that there had been at least twenty political assassinations in the run up to the local government elections on the 3rd of August that year, most of them in KwaZulu-Natal.

A provincial heritage resources authority (PHRA) is a government agency established at provincial level in South Africa and is responsible for the management of immovable heritage. In some instances, they are also responsible for moveable heritage, interpretation centres and museums.

References

  1. ↑ "Constitution Twelfth Amendment Bill (Second Reading debate)". Parliamentary Debates (Hansard) . Republic of South Africa: National Assembly. 15 November 2005. p. 99–102. Retrieved 16 May 2020.
  2. ↑ "Constitution Twelfth Amendment Bill; Cross-boundary Municipal Laws Repeal Bill (Consideration of Bills and of Reports thereon)". Parliamentary Debates (Hansard) . Republic of South Africa: National Council of Provinces. 14 December 2005. p. 69–71. Retrieved 16 May 2020.
  3. ↑ Matatiele Municipality and Others v President of the Republic of South Africa and Others [2006] ZACC 12 , 2007 (1) BCLR 47 (CC)(18 August 2006), Constitutional Court (South Africa)
  4. ↑ Msomi, Sibonelo (18 August 2006). "Matatiele redemarcation invalid". The Witness. Retrieved 28 August 2011.
  5. ↑ "Matatiele to stay in E Cape". Sapa. 24 February 2010. Retrieved 28 August 2011.
  6. ↑ "Khutsong residents dissatisfied". Sapa. 18 November 2005. Retrieved 28 August 2011.
  7. ↑ "Khutsong protestors, cops clash". Sapa. 14 December 2005. Retrieved 28 August 2011.
  8. ↑ "Khutsong boycotters stand firm". Sapa. 7 May 2007. Retrieved 28 August 2011.
  9. ↑ "ANC wins in Khutsong". Sapa. 2 March 2006. Retrieved 28 August 2011.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.