Johannesburg — THERE should have been dialogue between Khut-song residents and the Gauteng provincial government about the residents' desire to remain in Gauteng, the Constitutional Court heard yesterday.

Ten Khutsong resi-dents have challenged the validity of part of the Constitution 12th Amendment Act, which relocated the Merafong city local municipality, which they fell under, from Gauteng to North West in 2005.

The decision to relocate Khutsong had already been taken by the African National Congress (ANC) national executive committee (NEC) the previous year, they said.

The residents argued the constitutional obligation to facilitate public involvement was not adhered to, and that the decision was irrational.

Andre Louw, SC, for the residents, said the politicians had rushed through the process and were not open to persuasion by the public.

"There should be a dialogue between the government and the governed. This did not happen," Louw said.

Louw relied on the provisions of section 118(1)(a) of the constitution which state that a provincial legislature must facilitate public involvement in the legislative and other processes of the legislature and its committees.

He said while the Gauteng legislature invited written submissions and held a public hearing in November 2005, the participation was a mere form because the decision to relocate Merafong had already been taken.

Ishmael Semenya, SC, representing the president and the ministers of justice and provincial and local government, said the aim of section 118(1)(a) was to afford people an opportunity to influence law makers.

"The concession made by applicants in this case becomes critical. They concede that people of Merafong were given a chance to make representations at a meeting and the portfolio committee listened."

Semenya said the applicants conceded that it was the government's prerogative under the constitution to change boundaries.

"Section 118(1)(a) is not about inviting consultation, but to facilitate public participation to make representations on what their preferences are," Semenya said.

Vincent Maleka, SC, for the Gauteng provincial legislature, said the complaint by the applicants was unfounded.

"The public process initiated by the Gauteng provincial legislature clearly shows that the concerns of Merafong residents were taken to heart by the committee, " he said.