Synopsis:
The constitutionality of various provisions of the Local Government: Municipal Structures Act 117 of 1998, which were attacked on the basis that Parliament, in terms of Chapter 7 of the Constitution (local government) does not have the legislative competence to deal with such matters, and in legislating, had usurped the powers of provincial legislatures, local government councils and/or the independent Municipal Demarcation Board. Ngcobo J for the majority; O'Regan J dissenting (Mokgoro J and Cameron AJ concurring in the judgment of O'Regan J).
