Thirteenth Amendment of the Constitution of South Africa

The community of Matatiele, who were strongly opposed to their inclusion in the Eastern Cape, challenged the validity of the amendment before the Constitutional Court.

On 18 August 2006, the court handed down its decision in the case of Matatiele Municipality and Others v President of the Republic of South Africa and Others, ruling that the transfer of Matatiele had not been validly enacted because the KwaZulu-Natal Legislature had not allowed for public participation, as required by the constitution, before approving the amendment.

[1][2] The court, recognising that Parliament might well re-enact the transfer with the necessary public participation and wishing to avoid the disruption that would be caused if the municipal elections of 1 March 2006 were invalidated in the affected area, suspended its order for eighteen months.

In form, the amendment substitutes the sections of Schedule 1A to the Constitution that define the areas of the Eastern Cape and KwaZulu-Natal.

[4] The act was signed by President Thabo Mbeki on 13 December, and was published and came into force on the following day.