Amendment Act, 2005 and the Cross-boundary Municipalities Laws Repeal and
Related Matters Act, 2005 (Act no. 23 of 2005)
5 April 2006
The Constitution Twelfth Amendment Act, 2005, makes provision for the
re-determination of the geographical areas of the nine provinces of the
Republic of South Africa. This re-determination will bring about certain
boundary changes in some of the provinces. The Cross-boundary Municipalities
Laws Repeal and Related Matters Act, 2005 (Act No. 23 of 2005), has as its main
objective the abolishment of cross-boundary municipalities. The implementation
of both these Acts with effect from 1 March 2006 will impact on the
re-demarcation of magisterial districts as magisterial districts are not
utilized anymore to form provincial boundaries, but municipal boundaries.
The Department of Justice and Constitutional Development has already
finalized a process of investigating the current magisterial district
boundaries through consultative meetings on local, provincial and national
level with all stakeholders concerned. The National Steering Committee on the
Redemarcation of Magisterial District Boundaries approved provincial reports
which contain recommendations on each magisterial district. These reports were
handed to the department who will commence a process of reviewing all the
recommendations in terms of the above-mentioned legislation to ensure that all
magisterial districts are aligned with the municipal boundaries, as far as is
possible.
The alignment of justice service delivery points with the municipal
boundaries will ensure that there is an integration of services across all
spectrums. It is important for the Justice, Crime Prevention and Security
Cluster that the South African Police Service, Correctional Services and the
courts operate within the same boundaries and that their services are supported
by services of aligned departments such as Social Development, Home Affairs and
Public Works to the extent that this is practical. Discussions with the
Department of Provincial and Local Government and the Demarcation Board are
continuing to ensure that there is proper alignment on the re-demarcation
processes.
It is imperative to note that the implementation of the Constitution Twelfth
Amendment Act, 2005 and the Cross-boundary Municipalities Laws Repeal and
Related Matters Act, 2005 (Act No. 23 of 2005) do not automatically change the
magisterial district boundaries. The magisterial district boundaries and
jurisdiction of all courts, including High Courts, will remain the same until
such time that the Minister for Justice and Constitutional Development has by
notice in the Government Gazette re-proclaimed the magisterial districts and
changed the courts' jurisdiction in terms of section 2(1) of the Magistrates'
Courts Act, 1944 (Act No. 32 of 1944).
Enquiries
Leslie Mashokwe
Cell: 083 278 8018
Issued by: Department of Justice and Constitutional Development
5 April 2006
Source: Department of Justice and Constitutional Development (http://www.doj.gov.za)
