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03Second and Third Respondents' Answering Affidavit.pdf

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IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA

CC CASE No: CCT 307/2019 WCD CASE No: 24227/16 In the matter between:

SONKE GENDER JUSTICE NPC Applicant

and

PRESIDENT OF THE REPUBLIC OF SA First Respondent

MINISTER OF JUSTICE AND CORRECTIONAL

SERVICES Second Respondent

NATIONAL COMMISSIONER OF CORRECTIONAL

SERVICES Third Respondent

INSPECTING JUDGE FOR CORRECTIONAL

SERVICES Fourth Respondent

MINISTER OF FINANCE Fifth Respondent

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MININISTER OF PUBLIC SERVICE AND Sixth Respondent ADMINISTRATION

SECOND AND THIRD RESPONDENTS’ ANSWERING AFFIDAVIT ON THE APPLICANT’S APPLICATION IN TERMS

OF RULE 16

I, the undersigned,

NYIKO LUCKY NKUNA

Do hereby declare under oath and state that:

1. I am an adult male attorney employed by the Office of the State Attorney, Pretoria as a Senior Assistant State Attorney. My place of employment is at Ground Floor, SALU Building, 316 Thabo Sehume Street, Pretoria, Gauteng Province.

2. I am the attorney of record of the second and third respondents (“the respondents”) since the inception of this matter. By virtue of my position,

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I am duly authorised to depose to this affidavit on behalf of the said respondents.

3. Save where otherwise indicated, the facts set out in this affidavit are within my personal knowledge, and are both true and correct. To the extent that I rely on the facts which are not within my personal knowledge, I verily believe them to be true and correct.

4. I have read the affidavit filed on behalf of the applicant in relation to its application, in terms of Rule 16 of the Uniform Rules of the above Honourable Court, for the confirmation of the order of the Western Cape Division of the High Court on this matter.

5. The respondents do not oppose the application for the confirmation of the said order including the application for condonation of the late filing of the aforesaid application.

________________________________

DEPONENT

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SIGNED AND SWORN to before me at PRETORIA on this the day of DECEMBER 2019, the deponent having acknowledged that he knows and understands the content of this affidavit, that he has no objection to taking the prescribed oath and that he considers the oath to be binding on his conscience.

____________________________

COMMISSIONER OF OATHS FULL NAMES:

ADDRESS:

AREA:

CAPACITY:

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