IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA
CC CASE NO: CCT247/2016
In the matter between:
S E S Applicant
and:
V V-S Respondent
AFFIDAVIT IN SUPPORT OF APPLICATION FOR CONDONATION
I, the undersigned,
S E S
do hereby make oath and state as follows:
1. The facts contained in this affidavit are within my own personal knowledge, unless the contrary is expressly indicated or it is apparent from the context. These facts are to the best of my knowledge and belief both true and correct.
2. I am a major male of full legal capacity and the Applicant herein. I am presently residing at 16 Alcade Road, Lynnwood Glen, Pretoria, Gauteng Province.
3. The Respondent is V V-S, a major female of full legal capacity whose last known residential address is No. 3 Zambezikiaat Street, The Wilds Estate, Pretorius Park, Extension 15, Pretoria, Gauteng Province.
4. At all relevant times, the Respondent is being represented by Snyman De Jager Attorneys of Atterbury Boulevard, Upper Level, corner Atterbury and Manitoba Streets, Faerie Glen, Pretoria, Gauteng Province.
5. This is an application for condonation of the late delivery of my written submissions as required by the Directions date 8 February 2017. In terms of the Directions issued, I had to submit the written submissions by 28 February 2017. The written submissions were only delivered on 14 March 2017, some 14 (fourteen) days after its due date of 28 February 2017.
6. The delay in the delivery of the Applicant’s written submissions occurred under the following circumstances:
6.1 On 9 February 2017, my attorneys of record received the Directions from the above Honourable Court to submit written submissions by 28 February 2017.
6.2 My attorneys advised me of same and requested that I make the necessary payment in order for Counsel to be briefed to draft the required Written Submissions. I was advised that it would cost approximately R60 000.00 for the required cover for Counsel’s fees.
6.3 I have been going through some financial difficulties which had resulted in me not being able to pay my attorneys on time for the work they have been doing. I still owe them fees for the correspondent attorneys that were used in Bloemfontein on the matter as per the attached correspondence marked Annexure “N1”.
6.4 My attorneys were, therefore, not prepared to assist me in this matter unless I raised the required fees. I, therefore, had to put together the required cover for Counsel’s fees as requested by my attorneys in order for them to continue with my case. I specifically asked them not to withdraw on the matter.
6.5 What made it difficult for me to speedily raise the required funds was the fact that my financial resources (my salary, that is to say) were all consumed by hospital and medical bills in respect of my mother-in- law. I have been looking after my mother-in-law who was very ill. She ultimately passed away on the afternoon 27 February 2017.
6.6 It became evident to be on the aforesaid date that I would not be able to raise the required cover for Counsel’s fees as I now had to raise and direct funds towards funeral expenses. I asked my attorney
6.7 On 1 March 2017, my attorneys wrote me the attached email marked Annexure “N2”. In their email, my attorneys urged me to make the required payment as the Written Submissions were past their due date. I responded on the same date as follows:
“Dear Amanda
I am working on making the necessary payments and will revert to you accordingly.
Kind regards”
6.8 A copy of my aforesaid email is attached hereto as Annexure “N3”.
6.9 I only managed to raise a mere amount of R10, 000.00 on 8 March 2017 and pleaded with my attorneys to assist in this matter. I subsequently paid my attorneys the R10 000.00 and requested that they proceed with the drafting of the written submissions as well as the present application. I undertook to pay more towards legal fees on 15 March 2017.
7. As a result of the above, my attorneys could only commence with drafting the Written Submissions on 09 March 2017. The present application also had to be duly prepared.
8. On 10 March 2017, my attorney was already engaged in a disciplinary hearing that was part-heard. He could, therefore, only work on the matter on 9 March 2017 as well as over the weekend of 11 and 12 March 2017.
9. The present affidavit was emailed to me in Swaziland (where I am working presently) on Monday 13 March 2017. I duly attended to its signature and emailed same back to my attorneys.
10. I am advised and submit that, on all practical observations, the Written Submissions and the present application would be served and filed on 14 March 2017.
11. I respectfully submit that the delay herein was not wilful and same was occasioned by a factor beyond my control, it being my unfavourable financial situation.
12. It is respectfully submitted that no serious prejudice will be occasioned by the late service and filing of the written submissions. If any prejudice is suffered by the respondent, it is minimal compared to the prejudice that will be suffered by myself if condonation is not granted.
13. It is, respectfully, submitted that I enjoy excellent prospects of success in the main Application. Reference, on this score, is made to the averments contained in the actual application for leave to appeal as well as the written submissions to be filed simultaneously with the present application.
14. In the premises, it is respectfully submitted that I have made out a case for the relief sought in the Notion of Motion.
________________________
DEPONENT I CERTIFY that this Affidavit was SIGNED and SWORN to before me at ____________________ on this the day of MARCH 2017, by the Deponent having acknowledged that he/she knew and understood the contents of this Affidavit, had no objection to taking this oath, considered this oath to be binding on his/her conscience and who attached the following words: “I swear that the contents of this affidavit are true, so help me God”.
________________________________
COMMISSIONER OF OATHS
