CONSTITUTIONAL COURT OF SOUTH AFRICA
CASE NO: CCT 57/05
SOUTH AFRICAN LIQUR TRADERS ASSOCIATION First Applicant
VIRGINIA MKIZE Second Applicant
MINKI MARYSTELLA NETSHADAMA Third Applicant
MOLEFI JACOB MOGODIRI Fourth Applicant
BLANCHE MARGARET MARIA ALLIES Fifth Applicant
DGB (PTY) LIMITED Sixth Applicant
KWV SA (PTY) LIMITED Seventh Applicant
JONKHEER BOEREWYNMAKERY (PTY) LIMITED Eighth Applicant
PERNOD RICARD SOUTH AFRICAN (PTY) LIMITED Ninth Applicant
OMNIA WINES LIMITED Tenth Applicant
DISTELL LIMITED Eleventh Applicant
MOOIUITSIG WYNELDERS (PTY) LIMITED Twelfth Applicant
WINECORP (PTY) LIMITED Thirteenth Applicant
EDWARD SNELL & CO LIMITED Fourteenth Applicant
BRANDHOUSE BEVERAGES (PTY) LIMITED t/a
BRANDHOUSE Fifteenth Applicant
1
and
THE CHAIRPERSON OF THE GAUTENG
LIQUOR BOARD First Respondent
THE GAUTENG LIQUOR BOARD Second Respondent
THE MEC FOR FINANCE AND ECONOMIC AFFAIRS,
GAUTENG Third Respondent
________________________________________________________________________
DIRECTIONS DATED 09 NOVEMBER 2005
________________________________________________________________________
The Chief Justice has given the following directions in this matter.
1. The application for condonation and the application for confirmation of the order of constitutional invalidity made by the High Court are set down for hearing on Thursday 2 March 2006 at 10:00.
2. The record consists of the application papers that have been filed in this Court.
3. The applicants must file an index of the record on or before 18 November 2005.
4. Written argument must be lodged:
a) On behalf of the applicants on or before Friday 25 November 2005; and b) On behalf of the respondents on or before Friday 9 December 2005.
5. Written argument must, in addition to addressing fully the issue of the constitutionality of the legislative provision to be considered by this Court address the following issues:
a) Whether it was appropriate for the High Court to grant an order of constitutional invalidity without furnishing any reason for that order;
b) Whether it is appropriate, in the circumstances of this case, for this Court to adjudicate the issue of constitutionality in the absence of the reasons of the High Court; if not
c) The way in which this Court should approach this application in the absence of reasons; and
d) If the section is unconstitutional is the relief granted by the High Court appropriate.
2
MS STANDER
SNR REGISTRAR: CONSTITUTIONAL COURT
TO: SONNENBERG HOFFMANN GALOMBIK Attorneys for Applicants
Ground Floor, ABN Amro House 85 Maude Street
Sandown
JOHANNESBURG
Ref: A C Hoeben/J Engelbrect Tel: (011) 669 8000
Fax: (011) 669 8111
AND TO: THE STATE ATTORNEY Attorneys for the Respondents
8th Floor, Old Mutual Building 167 Andries Street
PRETORIA
Ref: NV/zh/897/2005/02244/212 Tel: (012) 309 1500
Fax: (012) 328 2662/3
3