Mj\CS\PEBR\NT\W,'A .2
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IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA
In the matter between:
In the matter between:
DU PLESSIS, D
THE PRETORIA NEWS (PTY) LTD LAUTENBACH, D
ALLIED PUBLISHING (PTY) LTD
and
CASE NO:
First Appellant (Defendant) Second Appellant (Defendant) Third Appellant (Defendant) Fourth Appellant (Defendant)
DE KLERK, G F J
WONDER AIR (PTY) LTD
First Respondent (Plaintiff) Second Respondent (Plaintiff)
I, the undersigned,
AFFIDAVIT
PETER EDWARD BLAINE REYNOLDS
do hereby make oath and say that:
1. I am an attorney practising in the firm of Webber Wentzel Bowens at their 60 Main Street, Johannesburg, office. My firm acts as the attorneys of record for the appellants in this matter (the appellants being the defendants in the main
" M£CS\PEBR\NT\WA
2.
action pending in the Transvaal Provincial Division of the Supreme Court ("the TPD").
2. I am authorised to make this affidavit.
3. On 14 November 1994 a judgment was handed down in the Transvaal Provincial Division by the Honourable Mr Justice K van Dijkhorst ("van Dijkhorst J") refusing the appellants' application to amend their plea (in the main action in the TPD), to rely on sections 15 and 241(8) of the Constitution of South Africa ('the first judgment").
4. On 14 February 1995 the appellants applied before van Dijkhorst J in the TPD for leave to appeal to this Honourable Court against the first judgment.
5. van Dijkhorst J, after hearing argument, referred the matter, in his judgment ("the second judgment"), to this Honourable Court, in terms of sections 102(2) and 102(8) of the Constitution. Accordingly, the appellants were required to lodge with this Honourable Court an application for leave to appeal within 10 days of 14 February 1995 in terms of rule 18 of this Honourable Court.
6. Among other documents which the application for leave to appeal must include in terms rule 18(g) (sub-rule 18(g)(iii) is "the judge's certificate". In this case "the judge's certificate" takes the form of the second judgment.
7. At the time the second judgment was handed down, Mr Gerhard Painter of Friedland Hart & Partners, my firm's Pretoria correspondents in this matter, was instructed to obtain a copy of the second judgment, and Mr Painter confirmed
1 M:\CS\PEBR\NT\WA .2 4 .
11. I request that our failure to lodge "the judge's certificate" in terms of rule 18(g) be condoned by this Honourable Court.
12. I undertake that as soon as the second judgment becomes available, it will be lodged with this Honourable Court and served on the respondents' attorneys.
Having appeared before me at Johannesburg on 1 March 1995 and having acknowledged -
(a) that he knows and understands the contents of his declaration;
(b) that he has no objection to taking the prescribed oath; and
(c) that he considers the prescribed oath to be binding on his conscience;
5.
the deponent uttered the words "I swear that the contents of this declaration are true, so help me God" and added his signature above.
Full names:
Business address:
Designation:
Capacity:
Commissioner of Oaths
MAHLOMOU ALBERT LEHATA
?o;i off id
2f 07
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