Hon Chairperson, Ministers, Deputy Ministers and hon members, once again, thank you to everyone who has participated. Obviously, we will take into consideration the views you have expressed, although from this side of the House there was very little to consider.
I think that the first thing to address is that a lot of absolute nonsense has been spoken from the podium. Let's make it very clear what happened in this matter as far as the courts were concerned.
When the people in Matatiele exercised their constitutional right to challenge this legislation, it was properly argued before the Constitutional Court. The Constitutional Court gave a judgment in which every substantive issue that was raised was rejected and the government's position was upheld. And every procedural issue, as far as the National Assembly and the NCOP were concerned, was upheld as being constitutional.
It is on the basis of the first judgment that the election was allowed to go ahead, and it is on that basis that Matatiele, from 1 March 2006 already, has been part of - and has moved - on the judgment of the Constitutional Court, because the part that was unprocedural was suspended until February next year.
So, everything that was decided on in terms of this legislation - the substance of it - was upheld and therefore the municipality has been transferred and has been operating under the Eastern Cape.
The only issue that was found to be unprocedural, on the evidence put before the court, was that one of the nine provinces that, in terms of the Constitution, has a veto right over the passing of this Bill in the NCOP, the province of KwaZulu-Natal, did not go far enough in their consultation.
So the myth that some people are trying to create here, that somehow the courts have been overruled, is not correct. Every substantive issue was decided in favour of government in terms of moving Matatiele. It was the one procedural issue which we are now dealing with, and the people will go back in KwaZulu-Natal, consult with those communities and then make a decision.
The other thing that I find really extraordinary - and you'll find this particularly with people that were close to the colonialists that occupied this country - is that the boundaries of this country are a colonial fiction and myth that were created. Subsequent to that, those were all imposed upon us.
During the negotiation process, the ANC made it very clear that we were not necessarily in favour of the boundaries that the colonialists had carved here, and we only agreed to them as a compromise.
Boundaries are not fixed in any reality, except in some people's heads, for some strange reason. The boundaries of this country, whether they be municipal or provincial, will not only change now, but will be changed in the future as well to make sure that we create the best boundaries that will allow us to govern properly in this country. It's all about functionality and not about your little racist dreams and concepts that certain people should live in certain provinces. [Applause.]
I thank the ANC, once again, for supporting the Bill. Debate concluded.
Question put: That the Bill be read a second time.
Division demanded.
The House divided:
AYES - 271: Abram, S; Ainslie, A R; Anthony, T G; Arendse, J D; Asiya, S E; Asmal,A K; Balfour, B M N; Baloyi, M R; Bapela, K O; Beukman, F; Bhengu, F; Bhengu, P; Bhoola, R B; Bloem, D V; Bogopane-Zulu, H I; Booi, M S; Burgess, C V; Carrim, Y I; Cele, MA; Chauke, H P; Chikunga, L S; Chohan, F I; Combrinck, J J; Cronin, J P; Cwele, S C; Dambuza, B N; Daniels, P; Davies, R H; De Lange, J H; Diale, L N; Didiza,A T; Dikgacwi, M M; Direko, I W; Dithebe, S L; Dlali, D M; Dlamini-Zuma, N C; Doidge, G Q M; Du Toit, D C ; Erwin, A; Fazzie,M H; Fihla, N B; Fraser-Moleketi, G J; Frolick, C T; Fubbs, J L; Gabanakgosi, P S; Gaum,A H; Gcwabaza, N E; George, M E; Gerber, P A; Gigaba, K M N; Gogotya, N J; Gololo, C L; Gomomo, P J; Gore, V C; Green, L M; Greyling, C H F; Gumede, D M; Gumede, M M; Gxowa, N B; Hajaig, F; Hanekom, D A ; Hangana, N E; Hendricks, L B; Hendrickse, P A C; Hlangwana, N; Hogan, B A; Jacobus, L; Jeffery, J H; Johnson, M; Jordan, Z P; Kalako, M U; Kasienyane, O R; Kasrils, R; Kekana, C D; Khaoue, M K; Khoarai, L P; Kholwane, S E; Khumalo, K K; Khumalo, K M; Komphela, B M; Koornhof, G W; Kota, Z A; Kotwal, Z; Landers, L T; Lekgetho, G; Lishivha, T E; Louw, J T; Louw, S K; Ludwabe, C I; Luthuli, A N; Mabandla, B S; Mabe, L L; Mabena, D C; Madasa, Z L; Madella, A F; Maduma, L D; Madumise, M M; Magau, K R; Magubane, N E; Magwanishe, G B; Mahlaba, T L; Mahlawe, N M; Mahomed, F; Mahote, S; Maine, M S; Maja, S J; Makasi, X C; Malahlela, M J; Maloney, L; Maluleka, H P; Maluleke, D K; Manana, M N S; Manuel, T A; Mapisa-Nqakula, N N; Martins, B A D; Maserumule, F T; Mashangoane, P R; Mashiane, L M; Mashigo, R J; Mashile, B L; Masutha, T M; Mathebe, P M; Mathibela, N F; Matlala, M H; Matsemela, M L; Matsomela, M J J ; Maunye, M M; Mayatula, S M; Maziya, A M; Mbete, B; Mbili, M E; Mbombo, N D; Mdaka, N M; Mdladlana, M M S; Mentor, M P; Meruti, M V; Mfundisi, I S; Mgabadeli, H C; Mkhize, Z S; Mkongi, B M; Mlambo-Ngcuka, P G; Mlangeni, A; Mnguni, B A; Mnyandu, B J; Moatshe, M S; Modisenyane, L J; Mofokeng, T R; Mogale, O M; Mogase, I D; Mohamed, I J; Mohlaloga,M R; Mokoena,A D; Mokoto, N R; Molefe, C T; Moloto, K A; Monareng, O E; Montsitsi, S D; Moonsamy, K; Morkel, C M; Morobi, D M; Morutoa, M R; Morwamoche, K W; Mosala, B G; Moss, L N; Moss, M I; Motubatse-Hounkpatin, S D; Mpahlwa, M B ; Mshudulu, S A; Mthembu, B; Mthethwa, E N; Mtshali, E; Mzondeki, M J G; Nawa, Z N; Ndlazi, Z A; Ndzanga, R A; Nel, A C; Nene, M J ; Nene, N M; Newhoudt-Druchen, W S; Ngaleka, E; Ngcengwane, N D; Ngcobo, B T; Ngcobo, E N N; Ngcobo, N W; Ngculu, L V J; Ngele, N J; Ngwenya, M L; Ngwenya, W; Nhlengethwa, D G; Njikelana, S J ; Njobe, M A A; Nogumla, R Z; Nonkonyana, M; Nqakula, C; Ntombela, S H; Ntuli, B M; Ntuli,M M; Ntuli, R S; Ntuli, S B; Nwamitwa- Shilubana, T L P; Nxumalo, M D; Nxumalo, S N ; Nyambi, A J; Olifant, D A A; Oliphant, G G; Oosthuizen, G C; Padayachie, R L; Pandor, G N M; Phadagi, M G; Phungula, J P; Pieterse, R D; Pule, B E; Radebe, B A; Rajbally, S; Ramgobin, M; Ramodibe, D M; Ramotsamai, C P M; Rasmeni, S M; Reid, L R R; Rwexana, S P; Schippers, J; Schneemann, G D; Schoeman, E A; Seadimo, M D; Sefularo, M; Sehlare, L J; Sekgobela, P S; Selau, J G; September, C C; Sibande, M P; Sibanyoni, J B; Sibhidla, N N; Siboza, S ; Sikakane, M R; Simmons, S; Sithole, D J; Skhosana, W M; Smith, V G; Solo, B M; Solomon, G; Sonjica, B P; Sonto, M R; Sosibo, J E; Sotyu, M M; Swanson-Jacobs, J; Thabethe, E; Thomson, B; Tinto, B; Tlake, M F; Tobias, T V; Tolo, L J; Tsenoli, S L; Tshabalala-Msimang, M E; Tshivhase, T J; Tshwete, P; Turok, B; Twala, N M; Vadi, I; Van den Heever, R P Z; Van der Merwe, S C; Van Schalkwyk, M C J; Van Wyk A; Vundisa, S S; Wang, Y; Xingwana, L M; Xolo, E T; Yengeni, L E; Zita, L; Zulu, B Z.
NOES - 56: Bhengu, M J; Bici, J; Biyela, B P ; Blanch, J P I; Boinamo, G G; Botha, A; Botha, C-S; Coetzee, R; Cupido, H B ; Davidson, I O; De Lille, P; Delport, J T; Dreyer, A M; Dudley, C; Ellis, M J; Farrow, S B; Gibson, D H M; Greyling, L W; Joubert, L K; Julies, I F; Kalyan, S V; Kganyago, N M; Kohler-Barnard, D; Labuschagne, L B; Lowe, C M; Lucas, E J; Marais, S J F; Masango, S J; Minnie, K J ; Mncwango, M A; Morgan, G R; Mpontshane, A M; Nefolovhodwe, P J; Nel, A H; Nkabinde, N C; Opperman, S E; Rabinowitz, R; Sayedali-Shah, M R; Schmidt, H C; Selfe, J; Semple, J A; Seremane,W J; Sibuyana,M W; Sigcau, S N; Singh, N; Skosana, M B; Steyn, A C; Swart, M; Swart, P S; Swart, S N; Trent, E W; Van Der Walt, D; Van Dyk, S M; Vos, S C; Waters, M; Weber, H.
Question agreed to.
Bill accordingly read a second time.