89/07 In the matter between: WILMOT MANDLA CHAGI

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IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA

CONCOURT CASE NO:

SCA CASE NO: 89/07

In the matter between:

WILMOT MANDLA CHAGI AND 29 OTHERS (AS PER

ANNEXURE ‘’A’’ HERETO) APPLICANTS

And

SPECIAL INVESTIGATING UNIT RESPONDENT IN RE:

WILMOT MANDLA CHAGI

AND 29 OTHERS PLAINTIFFS

And

SPECIAL INVESTIGATING UNIT 1^ST DEFENDANT MEC FOR AGRICULTURE AND

LAND AFFAIRS (Eastern Cape

Province) 2^ND DEFENDANT

DAILY DISPATCH MEDIA (PTY)

LTD 3^RD DEFENDANT

___________________________________________________________

NOTICE OF APPLICATION FOR LEAVE TO APPEAL UNDER RULE 19 OF THE CONSTITUTIONAL COURT

RULES: (VOLUME TWO)ANNEXURES ‘’ZRT5’’ TO ‘’ZRT9’’

___________________________________________________________

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KINDLY TAKE NIOTICE THAT application is hereby made to the above Honourable Court for an order in the following terms:-

1. That the late delivery of this application, arising from any delay caused in the processing of this application, be condoned.

2. That the applicants be granted leave of this Honourable Court to appeal to this Honourable Court against the whole judgment of the Supreme Court of Appeal delivered on 29 NOVEMBER 2007 dismissing the applicants’ appeal herein and upholding the judgment of the court a quo upholding the respondent’s special plea of the respondent’s lack of locus standi in judicio to be sued by the applicants for delictual wrongs committed by members of the Heath Special Investigating Unit against the applicants.

3. Setting aside the order of Her Ladyship Madam Justice Dambuza dated 29^th August 2005.

4. That the costs of this application, together with the costs of appeal in the Supreme Court of Appeal and the costs of the application for leave to appeal in the court of the first instance be costs in the intended appeal.

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5. That the applicants be granted such further and/or alternative relief as to this honourable court seems appropriate.

TAKE NOTICE FURTHER THAT the affidavit of ZANDISILE TWANI, the 2^nd applicant, annexed hereto, will be used in support of this application.

TAKE NOTICE FURTHER THAT if you desire to oppose this

application, you are required to deliver your opposition papers within 10 days from the date of deliver of this application.

TAKE NOTICE FURTHER THAT the applicants have chosen the address of Messrs MQINGWANA & PARTNERS INC. of 1^st Floor, Khotso House, 62 Marshall Street, Johannesburg as the address at which service of all court process and documents in this application shall be accepted.

DATED AT MTHATHA THIS 18^TH DAY OF DECEMBER 2007.

_____________________________

TSHIKI & SONS INC.

APPLICANTS’ ATTORNEYS

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C/O MQINGWANA & PARTNERS 1^ST FLOOR, KHOTSO HOUSE 62 MARSHALL STREET

JOHANNESBURG

TO: THE REGISTRAR

CONSTITUTIONAL COURT BRAAMPARK FORUM II 33 HOOFDE STREET BRAAMFONTEIN

AND TO: THE SPECIAL INVESTIGATING UNIT THE RESPONDENT

SANLAM PARK

59 WESTERN AVENUE VINCENT

EAST LONDON