PURPOSE OF THE BILL

The primary object of the Bill is to repeal Constitutional provisions in Section 155 and 157 (4) (b) dealing with cross- border municipalities as well as amending Section 103(2) dealing with provincial boundaries. The Bill determines geographical areas by inserting Schedule 1A in the Constitution defining the areas of provinces with reference to District Municipal demarcations maps contained in official notices.

With regard to the province, the Bill seeks to incorporate Mpumalanga portions of the CBDC3 into Sekhukhune District of Limpopo Province while on the other hand; it seeks to split Bohlabela District by moving Bushbuckridge Local Municipality to Enhlanzeni District of Mpumalanga Province and Maruleng Local Municipality as it is to Mopani District into Limpopo Province.

3. BRIEFING BY NCOP DELEGATES

The Permanent Delegate of the National Council of Provinces briefed Members of the Portfolio Committee on Local Government and Housing on the Constitution Twelfth Amendment Bill, 2005. Emanating from this briefing, the Committee resolved to subject the Bill to public hearings in all the affected areas.

4. PUBLIC HEARINGS

The Portfolio Committee conducted public hearings in Sekhukhune District, Busbuckridge and Maruleng Local Municipalities in Bohlabela District to solicit inputs and views on the Bill. A provincial public hearing was also conducted to provide provincial stakeholders a platform to express their views on the Bill. Various stakeholders including municipalities, traditional leaders, members of the public, business, NGO's, CBO's and political parties participated in the hearings.

5. FINDINGS

After consideration and based on the views expressed at these public hearings, the Portfolio Committee on Local Government found that:

5.1 the Mpumalanga portion of Sekhukhune District is incorporated into Limpopo Province.

3.2 the whole of Sekhukhune District remains in Limpopo Province.

5.3 Bohlabela District be de-established and that Bushbuckridge Local Municipality form of Mpumalanga Province.

5.4 Manileng Municipality as it is should be incorporated into Mopani District of Limpopo Province.

5.5 all people of the affected districts and municipalities unanimously support the proposal provided for in the Constitution Twelfth Amendment Bill, 2005.

5.6 all stakeholders present at the provincial public hearing unanimously support the Constitution Twelfth Amendment Bill. 2005

6. NEGOTIATING MANADATE

The Committee having considered the Bill and having taken into consideration the inputs a views of the people of the Province resident in the affected areas and the province in general hereby confers a mandate on our NCOP Delegates to negotiate in favour of the Bill as amended hereby

by the National Assembly's Portfolio Committee on Justice and Constitutional Affairs

K. A PHALA MPL : CHAIRPERSON : PORTFOLIO COMMITTEE ON LOCAL GOVERNMENT AND HOUSES