DISGRUNTLED residents of Moutse in Limpopo have vowed to unleash the mother of all protests after their bid to be reincorporated into Mpumalanga was dismissed by the Constitutional Court.
The court ruled yesterday that there were adequate meetings between the community and government officials. It said the legislature may choose which form of consultation it preferred.
Moutse Demarcation Forum spokesperson Seun Mogotji said yesterday that the court's decision left them with one option - "to go back to the streets".
He said the community had thought the court would address their plight.
The community had argued that they had not been properly consulted about the process that led to Moutse being demarcated from Mpumalanga to Limpopo.
They then turned to the court to declare the 12th Amendment Act of 2005 and the Cross-Boundary Municipalities Laws Repeal and Related Matters Act of 2005 as inconsistent with the Constitution and as such invalid.
In his judgment Justice Chris Jafta said: "In this case the provincial legislature opted for public hearings. A hearing was held in Moutse 1 but not in Moutse 3 until the community held a protest march to the Union Buildings in Pretoria on December 6 2005.
"Following the march a hearing was held in Moutse 3 on December 8 2005 at which the community, through its representatives, voiced its opposition to the transfer of the area to Limpopo."
The other community's argument was that the Mpumalanga provincial legislature was required to and had failed to consult reasonably with the residents of Moutse 1 and 3.
"The court rejected both grounds of attack advanced by the applicants and dismissed the application. However, it ordered the Minister for Provincial and Local Government (Sicelo Shiceka) to pay costs caused by the postponement of the hearing on various occasions," Jafta said.
In a separate case in February last year the court ruled against Matatiele who wanted to be reincorporated into KwaZulu-Natal.
The court found that there was nothing unconstitutional about incorporating Matatiele from KwaZulu-Natal into Eastern Cape.
Mogotji said: "We are suffering in Limpopo but the court and the ANC say we must stay there. Services such as water and sanitation are sluggish in Limpopo."
Constitutional Court rejects demarcation bid
DISGRUNTLED residents of Moutse in Limpopo have vowed to unleash the mother of all protests after their bid to be reincorporated into Mpumalanga was dismissed by the Constitutional Court.
The court ruled yesterday that there were adequate meetings between the community and government officials. It said the legislature may choose which form of consultation it preferred.
Moutse Demarcation Forum spokesperson Seun Mogotji said yesterday that the court's decision left them with one option - "to go back to the streets".
He said the community had thought the court would address their plight.
The community had argued that they had not been properly consulted about the process that led to Moutse being demarcated from Mpumalanga to Limpopo.
They then turned to the court to declare the 12th Amendment Act of 2005 and the Cross-Boundary Municipalities Laws Repeal and Related Matters Act of 2005 as inconsistent with the Constitution and as such invalid.
In his judgment Justice Chris Jafta said: "In this case the provincial legislature opted for public hearings. A hearing was held in Moutse 1 but not in Moutse 3 until the community held a protest march to the Union Buildings in Pretoria on December 6 2005.
"Following the march a hearing was held in Moutse 3 on December 8 2005 at which the community, through its representatives, voiced its opposition to the transfer of the area to Limpopo."
The other community's argument was that the Mpumalanga provincial legislature was required to and had failed to consult reasonably with the residents of Moutse 1 and 3.
"The court rejected both grounds of attack advanced by the applicants and dismissed the application. However, it ordered the Minister for Provincial and Local Government (Sicelo Shiceka) to pay costs caused by the postponement of the hearing on various occasions," Jafta said.
In a separate case in February last year the court ruled against Matatiele who wanted to be reincorporated into KwaZulu-Natal.
The court found that there was nothing unconstitutional about incorporating Matatiele from KwaZulu-Natal into Eastern Cape.
Mogotji said: "We are suffering in Limpopo but the court and the ANC say we must stay there. Services such as water and sanitation are sluggish in Limpopo."
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