IN THE CONSTITUTIONAL COURT
CASE NO: CCT___________
HIGH COURT CASE NO: 25978/2017 In the matter between:
AMABHUNGANE CENTRE FOR
INVESTIGATIVE JOURNALISM NPC First Applicant SOLE, STEPHEN PATRICK Second Applicant and
MINISTER OF JUSTICE AND CORRECTIONAL SERVICES First Respondent MINISTER OF STATE SECURITY Second Respondent MINISTER OF COMMUNICATIONS Third Respondent MINISTER OF DEFENCE AND MILITARY VETERANS Fourth Respondent
MINISTER OF POLICE Fifth Respondent
THE OFFICE OF THE INSPECTOR-GENERAL
OF INTELLIGENCE Sixth Respondent
THE OFFICE FOR INTERCEPTION CENTRES Seventh Respondent THE NATIONAL COMMUNICATIONS CENTRE Eighth Respondent THE JOINT STANDING COMMITTEE ON INTELLIGENCE Ninth Respondent THE STATE SECURITY AGENCY Tenth Respondent MINISTER OF TELECOMMUNICATIONS AND POSTAL
SERVICES Eleventh Respondent
NOTICE OF MOTION:
APPLICATION FOR CONFIRMATION AND APPLICATION FOR LEAVE TO APPEAL
PLEASE TAKE NOTICE that the applicants apply to this Court for an order in the following terms:
1. The orders of invalidity in orders 1 to 5 of the High Court’s order dated 16 September 2019 are confirmed.
2. Leave to appeal is granted against the order of the High Court dealing with costs, and it is replaced with an order directing the first, second, fourth, fifth, seventh, eighth and tenth respondents (i.e. the respondents who opposed the High Court application) to pay the applicants' costs, jointly and severally, including the costs of three counsel.
3. The costs of this application are to be paid by the first, second, fourth, fifth, seventh, eighth and tenth respondents, jointly and severally.
4. Further and/or alternative relief.
TAKE NOTICE FURTHER that the attached affidavit of STEPHEN PATRICK
“SAM” SOLE and the annexures thereto will be used in support of the application.
TAKE NOTICE FURTHER that the applicants have appointed the offices of its attorneys of record, WEBBER WENTZEL, (set out below) as the address at which they will accept notice and service of all documents in these proceedings.
TAKE NOTICE FURTHER that if you intend opposing this application you are
3 (a) Notify the applicants’ attorneys in writing within 5 days, and to appoint in such notice an address at which you will accept notice and service of all process in these proceedings;
(b) Within 15 days after you have delivered notice of your intention to oppose the application, deliver your answering affidavit(s), if any.
TAKE NOTICE FURTHER that if no notice of intention to oppose is delivered, the applicants will request the Registrar to place the matter before the Chief Justice to be dealt with in terms of rule 11(4).
Dated at Johannesburg on this the ___________________ day of October 2019.
___________________
WEBBER WENTZEL Applicants’ Attorneys
90 Rivonia Road Sandton Johannesburg Tel: 011 530 5000 Fax: 011 530 5111 Email: [email protected];
[email protected] Ref: D Milo / L Pillay / 3034325
And to:
THE REGISTRAR, CONSTITUTIONAL COURT
And to:
THE REGISTRAR, HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, PRETORIA
And to:
STATE ATTORNEY
The First, Third, Fourth, Fifth and Sixth Respondent's Attorney SALU Building
Ground Floor
316 Thabo Sehume Street Corner of Francis Baard Private Bag X91
Pretoria, 0001
Ref: 2937/2017/Z52/MC Tel: (012)309-1630 Fax: 086 640 1943 DX: 298 Pretoria Enq: M Makhubela
SERVICE BY HAND AND BY EMAIL
And to:
SECOND, SEVENTH, EIGHTH AND TENTH RESPONDENTS Musanda Complex
Delmas Road
PretoriaTel: 012 427 5500 SERVICE BY HAND
And to:
KGOROEADIRA MUDAU INC Office 26, 3rd Floor
158 Jan Smuts Building 9 Walters Street
E-mail: [email protected] SERVICE BY HAND AND BY EMAIL
And to:
STATE ATTORNEY
The Ninth Respondent's Attorney 4th Floor, 22 Long Street
Cape Town 8001
Ref: S Chetty Tel: 021 441 9200
Email: [email protected] SERVICE BY HAND AND BY EMAIL
5 And to:
THE MINISTER OF TELECOMMUNICATIONS AND POSTAL SERVICES Eleventh Respondent
IParioli Office Park 1166 Park Street Hatfield
Pretoria
c/o THE STATE ATTORNEY SALU Building
Ground Floor
316 Thabo Sehume Street Corner of Francis Baard Private Bag X91
Pretoria, 0001
Ref: 2937/2017/Z52/MC Tel: (012)309-1630 Fax: 086 640 1943 DX: 298 Pretoria Enq: M Makhubela
SERVICE BY HAND AND BY EMAIL
