InfoUpdate
An Information Service supplied by the KwaZulu-Natal Law Society

6 November 2009

This professional service draws attention to current and important items of news
 and members are directed to the hosts' websites

InfoUpdate 24 of 2009
Recent Judgments 

Electronic copies of this information may be obtained from our librarians at help@lawlibrary.co.za or click on the underlined hyperlink where relevant

Constitutional Court of South Africa - www.constitutionalcourt.org.za ; http://www.saflii.org/za/cases/ZACC/

Concourt to hear Matatiele case - 3 November
The Constitutional Court is set to hear argument on cross boundary municipality laws on Tuesday in an application brought by the residents of Matatiele, a town bordering the Eastern Cape and KwaZulu-Natal. The court will be asked to consider an application that two amendment acts under which Matatiele municipality was transferred from KwaZulu-Natal province to the Eastern Cape, were unconstitutional. The laws involved are the Constitution Thirteenth Amendment Act 2007 (Amendment Act) and the Cross Boundary Municipalities Laws Repeal and Related Matters Amendment Act 2007 (Cross-Boundary Amendment Act). - IOL website

Matatiele case : 'state acted irrationally' - 3 November
Judgment in the cross boundary municipality case involving residents of Matatiele was reserved in the Constitutional Court on Tuesday. This was after nearly four hours of arguments, with lawyers representing residents arguing that the government had acted irrationally and that residents were not properly consulted. - IOL website

It is all a sham : Matatiele coalition - 4 November
The Constitutional Court yesterday again heard argument on the vexed issue of amending the constitution to keep the Matatiele municipality in the Eastern Cape instead of KwaZulu-Natal. The main issue was whether there had been proper consultation with the Matatiele community. A coalition of Matatiele-Maluti-based organisations questioned the KwaZulu-Natal legislature's consultation process, saying residents should have been consulted as a "discrete group", and not together with others who "watered down" their voices. - Business Day website

Judgment reserved in Matatiele case - 3 November
Judgment in the cross-boundary municipality case involving residents of Matatiele was reserved in the Constitutional Court on Tuesday. This, after nearly four hours of arguments, with lawyers representing residents maintaining that the government acted irrationally in incorporating Matatiele into the Eastern Cape from KwaZulu-Natal. Presenting his case before a full Bench, advocate Glen Goddard challenged the constitutionality of the Thirteenth Amendment Act 2007 and the Cross-Boundary Amendment Act. The government's decision was based on these acts. - IOL website

Hlophe withdraws Constitutional Court case - 4 November
Cape Judge President John Hlophe will no longer take his fight to the highest court in the land. The Constitutional Court registrar removed the embattled judge's case from the roll on Monday. Hlophe's lawyer, Lister Nuku, said he received official confirmation from the court this morning after he had filed a formal notice of withdrawal. This puts an end to the court standoff between Hlophe and Constitutional Court Judges who accused him of trying to influence a judgment involving President Jacob Zuma. - Times Live website

InfoUpdate : an Information Service supplied by the KwaZulu-Natal Law Society