Ideological clashes behind provincial boundary disputes in post-apartheid South Africa

Abstract

Post-apartheid South Africa has been the scene of recurrent provincial boundary disputes that have been associated with huge security, economic, social and political cost. Existing literature has only accounted for the initial Bushbuckridge (BBR) case, leaving more recent cases in Khutsong, Matatiele, Balfour and Moutse unexplored. Besides, existing explanatory accounts have emphasised material conditions of affected communities as a key driver of provincial boundary disputes and little attention has been paid to ideological underpinnings of these territorial conflicts. This article uses a multiple case study approach in understanding post-apartheid provincial boundary disputes. The article draws from three case studies namely the BBR, Khutsong and Matatiele provincial boundary disputes. Moving beyond the materialistic account provided in the existing literature, the paper shows that post-apartheid provincial boundary disputes are also driven by conflicting conceptions of local development, regional planning and democracy. Taking into account ideological clashes between disputants, finding innovative ways to develop common understandings at the conceptual level and devising decision-making mechanisms that bridge the gap between conflicting ideological positions will go a long way into preventing the recurrence of similar boundary disputes and putting to rest current unresolved conflicts.

Keywords:

• boundary disputes
• provinces
• local development
• democracy
• regional planning

Acknowledgements

The research presented in this paper was carried out as part of the author's PhD project that was funded by the IDRC, UPEACE, Swiss South Africa Joint Research program and the French Institute of South Africa for which the author is thankful.

Notes

^1. The public participation process undertaken by the KwaZulu Natal (KZN) legislation in October 2007 prior to the approval of the bill transferring Matatiele town to Eastern Cape revealed that by far the majority of the oral and written submissions were in favour of KZN. Besides, the test of the views of residents held in Matatiele from 28 to 31 October 2009 is believed to have shown an overwhelming support for KZN, tough government has never made the result public. See http://mg.co.za/printformat/single/2007-11-01-matatiele-closer-to-e-cape-incorporation/ accessed on 12 September 2011; and http://www.citizen.co.za/citizen/content/en/citizen/localnews?oid = 176830&sn = Detail&pid = 334&Matatiele-wants-demarcation-debate; accessed on 12 September 2011.

^2. Fieldwork conducted in Matatiele from 7 to 15 November 2009 by the author helped to establish such polarisation of provincial preferences between the local power holders and the majority of their constituency. This translated into deep divisions within local socio-political structures and occasionally violent antagonism. See South African Press Association (SAPA), 16 October 2008, http://www.iol.co.za/index.php?set_id = 1&click_id = 13&art_id = nw20081016162809246C441901; accessed on 10 November 2010.

^3. http://www.news24.com/SouthAfrica/Politics/ANC-parks-discussion-on-provinces-20100923, accessed on 1 February 2011; http://www.timeslive.co.za/Politics/article674048.ece/ANC-to-decide-on-provinces-within-three-months, accessed on 01 February 2011.

^4. Centre for Development and Enterprise (2006), Provincial boundaries as political battlefield: unrest in Khutsong -place of peace, Unpublished research report.

^5. SAPA, 16 October 2008 http://www.iol.co.za/index.php?set_id = 1&click_id = 13&art_id = nw20081016162809246C441901; accessed on 10 November 2010. Problems on first day of demarcation voting, SAPA, 28 October 2009. http://www.iol.co.za/news/politics/problems-on-first-day-of-demarcation-voting-1.462984.

^6. Constitutional Court of South Africa, Matatiele Municipality and Others v President of the RSA and Others (2006), ZACC 2; 2006 (5) SA 47 (CC); 2006 (5) BCLR 622 (CC) (Matatiele 1).

^7. This article draws from a PhD thesis submitted by the author to the University of the Witwatersrand entitled: Frontiers of prosperity and power: explaining provincial boundary disputes in post apartheid South Africa (2011).

^8. For an extended discussion of the data collection process, see Mavungu (2011). Frontiers of prosperity and power: explaining provincial boundary disputes in post apartheid South Africa, PhD thesis submitted to the University of the Witwatersrand, unpublished.

^9. A statement that was recurrent in interviews with the spokeperson of the Merafong Demarcation Forum (MDF), Jomo Mogale, the secretary of MDF, Yvonne Ntshabele and MDF organiser Gladys Matshoele.

^10. Interview with Mr Jomo Mogale, Spokesperson of the Merafong Demarcation Forum, in Khutsong, 7 March 2009.

^11. ‘Equitable share’ is the State revenue allocated to provinces in terms of the applicable Division of Revenue Act enacted every year pursuant to Article 214 of the Constitution. The distribution of equitable share to provinces is one of the important financial instruments through which provinces are able to provide services to their inhabitants and support that municipalities are able to provide municipal services to their local communities equitably, and on a sustainable basis. One of the primary considerations, which is ordinarily taken into account in determining the equitable share of each province, is the number of inhabitants in the provinces.

^12. Constitutional Court of South Africa, Merafong Demarcation Forum and Others v President of the Republic of South Africa and Others 2008, CCT41/07, answering affidavit of first and third respondents.

^13. Ibidem.

^14. Ibid.

^15. Interview with E.T. Hehlehla, the Headman of Chief Jeremiah Moshoeshoe, in Ongeluksnek farms (Matatiele), 8 November 2010.

^16. Ideas recurrent in conversations with pro-KZN residents.

^17. Among pro-EC residents, it is common to hear utterances such as these: ‘Circumcision is very important to us. Zulu don't practice it. We may not be free to exercise this cultural practice as we are used to in the EC’; ‘The Sotho town Nqutu has already experienced disturbances in the performance of their circumcision rituals in KZN’; ‘Here, boys go to mountains for circumcisions. This may not be accommodated by KZN people’; ‘Most pro-KZN are not circumcised. That's partly why they would prefer KZN where circumcision is not practiced’. Interview with Mayibongwe Mhlonyane, a member of the Uncedo Taxi Association, in Matatiele, 12 November 2010.

^18. Supplementary affidavit of second and third respondents, in: Matatiele municipality and ten others and President of the Republic of South Africa and twelve others, Case No. CCT 73/05, delivered on 9 March 2006, para 7.

^19. Government's economic argument depicts Matatiele as an economic growth centre not only for its closer surrounding areas, but also other surrounding localities in EC such as Mount Ayliff, Mount Frere, Mount Flecher and Qumbu. It is envisaged that its sport and recreation facilities would benefit less resourced areas in the EC.

^20. Government motivates its policy by the necessity to balance population size between the two provinces. EC Province had 6,501,201 people whereas KZN counted 9,761,032 people (Statistics South Africa 2001). It is clear that EC Province stood to lose even more people, had the Maluti area people been moved to KZN, in addition to the loss incurred for the exclusion of Umzimkulu.

^21. For references to such historical memories, see Matatiele has been bulldozed, Sunday Tribune, November 11, 2007. http://www.highbeam.com/doc/1G1-171143887.html. SAPA, Khutsong ‘a force removal’, 13 December 2005. http://www.news24.com/SouthAfrica/News/Khutsong-a-forced-removal-20051213.

^22. High Court of South Africa, Judgement in the High Court of South Africa, in the matter between Bushbuckridge border committee, Michael Mangisi Mnisi and the Government of Northern Province, the Government of Mpumalanga, the Government of the Republic of South Africa, the African National Congress (1998), Case No. 15607/97, para 18.

^27. Constitutional Court of South Africa, MDF and Others v President of the Republic of South Africa and Others (2008), CCT41/07 para 114.

^23. SAPA, Matatiele closer to E Cape incorporation, 01/11/2007, Mail & Guardian Online, http://mg.co.za/article/2007-11-01-matatiele-closer-to-e-cape-incorporation; accessed on 02/10/2011.

^24. Constitutional Court of South Africa, Poverty Alleviation Network and others versus President of the Republic of South Africa and others. Applicants' founding affidavit, 2009, Case CCT 86/08 (2010) ZACC 5, para 16.3.

^25. Applicants' response to Supplementary affidavit of second and third respondents, para 24. In: Constitutional Court of South Africa, Poverty Alleviation Network and others versus President of the Republic of South Africa and others. Case CCT 86/08 (2010) ZACC 5.

^26. Interview with Chief Jeremiah Moshoeshoe, in Ongeluksnek farms (Matatiele), 8 November 2009.

^28. Ibidem.

^29. Submission of the Young Communist League of South Africa (YCLSA) Khutsong Branch to the Gauteng legislature, 2009.