IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA

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IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA

CASE NO CCT 40/08 In the matter between:

MOUTSE DEMARCATION FORUM First Applicant WILLIAM MOTHIBA RAMPHISA Second Applicant MPUTLE MAKIDLA Third Applicant

KINNY MMAKOLA Fourth Applicant

GIVEN PHIRI Fifth Applicant

CHRISTINA PHATLANE Sixth Applicant FANIE MOTSELE MOGOTJI Seventh Applicant

ELIONA MATLOU Eighth Applicant

BANGISWANE MTHOMBENI Ninth Applicant

FRIEDA RAKWENA Tenth Applicant

LAWRENCE DITSEHGO Eleventh Applicant BAFANA ZACHIARIA DUBE Twelfth Applicant

THOMAS MAPULE Thirteenth Applicant

TEFO PETER MATHIBEDI Fourteenth Applicant

ROSLINA STHEBE Fifteenth Applicant

HAPPY MAHLANGU Sixteenth Applicant

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and

PRESIDENT OF THE REPUBLIC

OF SOUTH AFRICA First Respondent

MINISTER OF PROVINCIAL AND LOCAL

GOVERNMENT Second Respondent MINISTER OF JUSTICE AND CONSTITUTIONAL

DEVELOPMENT Third Respondent

PREMIER OF MPUMALANGA Fourth Respondent MEC FOR LOCAL GOVERNMENT, MPUMALANGA Fifth Respondent SPEAKER, MPUMALANGA PROVINCIAL

LEGISLATURE Sixth Respondent

PREMIER OF LIMPOPO Seventh Respondent

MEC FOR LOCAL GOVERNMENT, LIMPOPO Eighth Respondent SPEAKER, LIMPOPO PROVINCIAL LEGISLATURE Ninth Respondent MUNICIPAL DEMARCATION BOARD Tenth Respondent SPEAKER OF THE NATIONAL ASSEMBLY Eleventh Respondent CHAIRPERSON OF THE NATIONAL COUNCIL

OF PROVINCES Twelfth Respondent GREATER MARBLE HALL LOCAL

MUNICIPALITY Thirteenth Respondent ELIAS MOTSOALEDI LOCAL

MUNICIPALITY Fourteenth Respondent GREATER SEKHUKHUNE DISTRICT

MUNICIPALITY Fifteenth Respondent DR JS MOROKA LOCAL MUNICIPALITY Sixteenth Respondent NKANGALA DISTRICT MUNICIPALITY Seventeenth Respondent ELECTORAL COMMISSION Eighteenth Respondent

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ORDER DATED 17 MARCH 2009

CORAM: Langa CJ, Moseneke DCJ, Cameron J, Mokgoro J, Nkabinde J, Ngcobo J, O’Regan J, Sachs J, Skweyiya J, Van der Westhuizen J and Yacoob J At the hearing of this matter on 17 March 2009, the Court made the following order:

1. The applicants’ failure to comply with the time periods and procedures specified in the Rules of this Court is hereby condoned.

2. The application is postponed to 21 May 2009.

3. It is ordered, in terms of the agreement reached between the parties, that the report on the public involvement of the Moutse community and stakeholders in terms of section 118(1) of the Constitution of the Republic of South Africa regarding the incorporation of Moutse into Mpumalanga Province may be disclosed to the second to sixth applicants, the eighth to sixteenth applicants and the seventh, eighth and ninth respondents, subject to the condition that such persons may not disclose its contents to any third party until the report has been considered and decided upon by Cabinet.

4. The second respondent is directed to inform the parties when the report has been considered and decided upon by Cabinet.

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5. The second respondent is directed to file an affidavit by 7 April 2009 setting out:

a. the decision of Cabinet in relation to Moutse;

b. the steps that have been taken or will be taken to give effect to Cabinet’s decision or to otherwise accommodate the concerns of the Moutse community as reflected in the present application; and

c. to the extent necessary, when the second respondent intends to take such steps.

6. The remaining parties may file any affidavits they deem necessary in response to the second respondent’s affidavit referred to in paragraph 4 above, by 21 April 2009.

7. By 28 April 2009, the parties may file brief submissions on what further directions, if any, they contend ought to be issued by this Court.

8. Further directions may be issued if necessary.

9. Costs of the present application are reserved.

MS STANDER

SENIOR REGISTRAR: CONSTITUTIONAL COURT TO: LAWYERS FOR HUMAN RIGHTS

Applicants’ Attorneys Pretoria Law Clinic

Kutlwanong Democracy Centre

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357 Visagie Street (corner Prinsloo) PRETORIA

Tel: (012) 320 2943 Fax: (012) 320 2949

c/o: JOHANNESBURG LAW CLINIC 2^ND Floor

23 Braamfontein Centre Jorrisen Road

JOHANNESBURG Tel: (011) 339 1960 Fax: (011) 339 2665

Ref: Paul Slabbert / Moutse

AND TO: THE PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA First Respondent

c/o: THE STATE ATTORNEY 10^th Floor

North State Building 95 Market Street Cnr Kruis Street JOHANNESBURG Tel: (011) 330 7652 Fax: (011) 337 7182

AND TO: THE MINISTER OF PROVINCIAL AND LOCAL GOVERNMENT Second Respondent

c/o: THE STATE ATTORNEY 10^th Floor

AND TO: THE MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT

Third Respondent

c/o: THE STATE ATTORNEY 10^th Floor

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AND TO: THE PREMIER OF MPUMALANGA Fourth Respondent

c/o: THE STATE ATTORNEY Fourth Respondent’s Attorney 10^th Floor

Ref: Mr J. Tagane (1310/08/P20/kg)

AND TO: THE MEC FOR LOCAL GOVERNMENT, MPUMALANGA Fifth Respondent

Riverside Government Complex Building No. 6

2^nd Floor NELSPRUIT 1200

Tel: (013) 766 6321 Fax: (013) 766 8438

AND TO: SPEAKER, MPUMALANGA PROVINCIAL LEGISLATURE Sixth Respondent

c/o: THE STATE ATTORNEY Seventh Respondent’s Attorney 10^th Floor

Ref: Mr J. Tagane (1310/08/P20/kg) AND TO: PREMIER OF LIMPOPO Seventh Respondent

c/o: THE STATE ATTORNEY Seventh Respondent’s Attorney 10^th Floor

North State Building 95 Market Street Cnr Kruis Street JOHANNESBURG

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Tel: (011) 330 7652 Fax: (011) 337 7182

Ref: Mr J. Tagane (1310/08/P20/kg)

AND TO: MEC FOR LOCAL GOVERNMENT, LIMPOPO Eighth Respondent

28 Market Street POLOKWANE 0700

Tel: (015) 294 2000

Fax: (015) 295 2836/086 663 0426

AND TO: SPEAKER, LIMPOPO PROVINCIAL LEGISLATURE Ninth Respondent

Office of the Speaker

Lebowakgomo Government Complex POLOKWANE

0700

Tel: (015) 633 8079 Fax: (015) 633 8185/8020

AND TO: MUNICIPAL DEMARCATION BOARD Tenth Respondent

c/o: MACROBERT INC.

Attorneys for Tenth Respondent MacRobert Building

Cnr. Charles and Duncan Streets Brooklyn

PRETORIA

Tel: (012) 425 3550 Fax: (012) 425 3571

Email: [email protected] Ref: D Voges / 518056

AND TO: SPEAKER OF THE NATIONAL ASSEMBLY Eleventh Respondent

Parliament Building Parliament Street CAPE TOWN 8000

Tel: (021) 403 2595

Fax: (021) 403 3812/0 (021) 461 9462

AND TO: CHAIRPERSON OF THE NATIONAL COUNCIL OF PROVINCES

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Twelfth Respondent Parliament Building Parliament Street CAPE TOWN 8000

Tel: (021) 403 3968 Fax: (021) 403 3265

AND TO: GREATER MARBLE HALL LOCAL MUNICIPALITY Thirteenth Respondent

13 Ficus Street MARBLE HALL 0540

Tel: (013) 261 1151 Fax: (013) 261 1145/2985

AND TO: ELIAS MOTSOALEDI LOCAL MUNICIPALITY Fourteenth Respondent

No. 2 Grobler Avenue GROBLERSDAL 0470

Tel: (013) 262 3225 Fax: (013) 262 2547

AND TO: GREATER SEKHUKHUNE DISTRICT MUNICIPALITY Fifteenth Respondent

No. 3 West Street GROBLERSDAL 0470

Tel: (013) 262 4364 Fax: (013) 262 4303

AND TO: DR JS MOROKA LOCAL MUNICIPALITY Sixteenth Respondent

26010-3 Bongi Fundo Street SIYABUSWA

0472

Tel: (013) 973 1270 Fax: (013) 973 2463

AND TO: NKANGALA DISTRICT MUNICIPALITY Seventeenth Respondent

2A Church Street MIDDELBURG 1050

Tel: (013) 246 2076

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Fax: (013) 249 2087

AND TO: ELECTORAL COMMISSION Eighteenth Respondent

Election House 260 Walker Street Sunnyside

PRETORIA

Tel: (012) 428 5700 Fax: (012) 428 5834