CASES CCT 283/16, 293/16 AND 294/16
In the application of:
TUHF LIMITED Applicant/First Amicus Curiae
CCT 283/16
In the matter between:
CHANTELLE JORDAAN First Applicant AND TWELVE OTHERS Second to Thirteenth Applicants
and
CITY OF TSHWANE METROPOLITAN MUNICIPALITY First Respondent EKURHULENI METROPOLITAN MUNICIPALITY Second Respondent MINISTER OF COOPERATIVE GOVERNANCE AND Third Respondent TRADITIONAL AFFAIRS
CCT 293/16
And in the matter between:
CITY OF TSHWANE METROPOLITAN MUNICIPALITY Applicant
and
CHANTELLE JORDAAN First Respondent AND SIX OTHERS Second to Seventh Respondents
CASE NO. CCT 294/16
And in the matter between:
EKURHULENI METROPOLITAN MUNICIPALITY Applicant
and
BILLIE ANN LIVANOS First Respondent AND SIX OTHERS Second to Seventh Respondents
and
TUHF LIMITED First Amicus Curiae THE BANKING ASSOCIATION OF SOUTH Second Amicus Curiae AFRICA LIMITED
ETHIKWENI METROPOLITAN MUNICIPALITY Third Amicus Curiae
AFFIDAVIT
___________________________________________________________________
I, the undersigned,
CHANTELLE GLADWIN-WOOD
do hereby make oath and state that:
1. I am an adult female attorney practicing as a partner with others under the name and style of Schindlers Attorneys, 2nd Floor, 3 Melrose Boulevard, Melrose Arch, Johannesburg, the attorneys of record for the applicant. I am
duly authorised to bring this application and to depose to this affidavit on the applicant’s behalf.
2. The facts contained in this affidavit are within my personal knowledge and are, to the best of my knowledge and belief, both true and correct.
NATURE OF THE APPLICATION
3. This is an application in terms of Rule 32 of this Honourable Court’s Rules for condonation for the late filing of the applicant’s written submissions.
BACKGROUND
4. On 9 May 2017 this Honourable Court issued directions in terms inter alia of which the applicant was directed to file its written submissions of no more than 20 pages by Monday, 15 May 2017 (“the directions”).
5. Counsel worked tirelessly to finalise the applicant’s written submissions which were finalised shortly before 13h00 on 15 May 2017.
6. The written submissions and practice note were emailed to Ms Anja van Wyk of the applicant’s attorneys at approximately 14h00. Ms Van Wyk was on leave so she forwarded the written submissions and practice note to Ms Maike Gohl of the applicant’s attorneys who was in the office at
approximately 14h30. Ms Van Wyk then telephoned Ms Gohl to provide instructions on how to serve and file the documents.
7. Ms Gohl served the written submissions and practice note electronically on this Honourable Court and the parties in the matter a few minutes later.
8. Ms Gohl then began making the requisite number of copies of the documents requifed for service and filing. This took just under 45 minutes.
By this time, however, it was already approximately 15h15 and Ms Gohl realised that it would not be possible to physically file the documents with the Registrar of this Honourable Court by 15h30 as it would take at least 30 minutes to reach the Court from the offices in Melrose Arch.
APPLICATION FOR CONDONATION
9. I respectfully submit that the late filing of the written submissions and practice note occurred as a result of a number of factors that cumulatively prevented the applicant from being able to fully comply with the directions.
For this I apolgise unreservedy. The applicant had every intention of complying with the directions and filing the written submissions and practice note timeously, but unfortunately was unable to do so for the reasons stated above.
10. I respectfully submit that the delay occasioned by the applicant’s failure to physically file the documents by 15h30 on 15 May 2017 has not caused any
prejudice to this Honourable Court or any of the parties, as they were electronically served with copies thereof at approximately 14h30 the same day.
11. Moreover, the applicant has not delayed in bringing this application in order to ensure that no prejudice occurs in relation to the late filing of the documents.
12. In the premises I pray that the Honourable Chief Justice will condone the late filing of the applicant’ss written submissions and practice note.
13. The confirmatory affidavit of Ms Grohl is annexed hereto marked A.
__________________________
CHANTELLE GLADWIN-WOOD
Signed and sworn to before me at on MAY 2017, the deponent having acknowledged that she knows and understands the contents of this affidavit, has no objection to taking the prescribed oath and considers the oath binding on her conscience.
________________________
Commissioner of Oaths
