The Matatiele Municipality Case
2006
Matatiele Municipality and Others v President of the Republic of South Africa and Others
Reconfiguration of provincial borders
This case dealt with a hotly disputed reconfiguration of provincial borders which would lead to portions of the Matatiele area being shifted from Kwa-Zulu Natal to the Eastern Cape. The Court held by a large majority that the constitutionally-prescribed processes of local consultation had not been followed. In support of the majority position, Justice Sachs wrote about the mutually re-enforcing elements of the rule of law and public accountability, observing that the legitimacy of laws made by Parliament came not from awe, but from openness.
