n African Journal of Rhetoric - A community speaks - David and Goliath revisited, or, a tale of two municipalities

Volume 1, Issue 1
  • ISSN : 1998-2054


During 2006 and 2007 the small community of Matatiele made national headlines when it launched legal proceedings against the President of the Republic of South Africa seeking an order that an amendment to the Constitution, in terms of which they were excised from the province of KwaZulu-Natal and moved to the Eastern Cape, be declared unconstitutional and thus null and void. This article is neither a political analysis of this challenge or its consequences, not is it a critical analysis of the legal implications - though both these aspects are mentioned. Instead it is, unusually, a description of the legal arguments presented by counsel for both sides, both on paper in the period prior to the Constitutional Court hearing and, (more importantly) the actual oral arguments presented in court, in that interactive judicial environment an art that is largely overlooked in modern, document based jurisprudential research.

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