Khutsong controversy Langas request for documents not met
Chief Justice Pius Langa has instructed the Gauteng legislature and National Council of Provinces chairperson to file records of proceedings relating to Khutsong incorporation into North West province, says a Business Day report.
The proceedings refer to conferral of the negotiating mandate and the final voting mandate of the legislature relating to the Constitution Twelfth Amendment Bill. Municipalities that straddled two provinces were eradicated by this amendment. The citizens of Khutsong launched a Constitutional Court application last year asking that the amendment be declared inconsistent with the Constitution as there had been no consultation. They argued they had called for the verbatim record of the legislatures debate when the final mandate was decided on. This was not supplied. The case was heard in September and judgment was reserved. In his recent order, Langa requested the legislature and council to supply the record of proceedings on conferral of the final voting mandate of the legislature relating to the amendment Bill by the portfolio committee, the provincial legislature, the select committee on security and constitutional affairs of the council, and the council itself. Langa also asked the legislature to file any documents consulted or produced in the court of the proceedings, including any legislature resolution concerning any voting authority on the provinces delegation to the council, and any proof of the delegations authority to cast votes submitted by the legislature speaker to the council chairman. The documents were to have been filed by 12 December but have not yet been filed. Full Business Day report