IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA
Case no: CCT WCC case no: 23874/12
In the matter between:
THE HELEN SUZMAN FOUNDATION Applicant
and
THE PRESIDENT OF THE REPUBLIC OF
SOUTH AFRICA First Respondent
THE MINISTER OF POLICE Second Respondent THE HEAD OF THE DIRECTORATE FOR PRIORITY
CRIME INVESTIGATION Third Respondent
THE GOVERNMENT OF THE REPUBLIC OF
SOUTH AFRICA Fourth Respondent
NOTICE OF MOTION:
APPLICATION FOR CONFIRMATION IN TERMS OF RULE 16(4) and APPLICATION FOR LEAVE TO APPEAL IN TERMS OF RULE 19
PLEASE TAKE NOTICE THAT the applicant intends to apply to this Honourable Court for an order in the following terms:
Part A
1. Confirming the order of constitutional invalidity granted by the Western Cape Division of the High Court, Cape Town ("High Court") under case no 23874/12 on 13 December 2013 in relation to section 16 as well as sections
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17A, 17CA, 17D, 17DA and 17K(4) to (9) of the South African Police Service Act, 1995 ("the SAPS Act") ("High Court Order"), subject only to the variation that the reference to the South African Police Service Amendment Act No 10 of 2012 should be replaced with a reference to the SAPS Act;
Part B
2. Granting leave to appeal to this Court in terms of Rule 19 of the Constitutional Court Rules against the judgment and order handed down by the High Court under case no 23874/12 on 13 December 2013 in the following respect:
2.1 the failure by the said judgment and order to declare unconstitutional and invalid sections 17E(8), 17G, 17H, 17I and 17K(1) to (2B) of the SAPS Act.
3. Upholding the appeal and declaring sections 17E(8), 17G, 17H, 17I and 17K(1) to (2B) of the SAPS Act unconstitutional and invalid to the extent that they fail to secure an adequate degree of independence for the Directorate for Priority Crime Investigation.
4. Directing that the applicant's costs in respect of Part A and Part B of this application be paid by the first, second and fourth respondents, jointly and severally, the one paying the others to be absolved, including the costs of three counsel; and
5. Granting further and/or alternative relief.
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TAKE NOTICE FURTHER THAT the affidavit of FRANCIS ANTONIE will be used in support of this application.
TAKE NOTICE FURTHER THAT if any of the respondents wishes to oppose Part B of this application such respondent is required to do so in writing within ten (10) days from the date upon which this application is lodged with the Registrar of this Court, and to indicate the grounds of such opposition.
TAKE NOTICE FURTHER THAT the applicant has appointed the offices of Webber Wentzel, as set out below, as the address at which it will accept notice and service of all process, documents and notices in these proceedings.
PLEASE place the matter before the Chief Justice to be dealt with in terms of Rules 16(4) and 20.
Dated at Cape Town on this _______ day of January 2014
____________________
WEBBER WENTZEL Applicant's Attorneys 10 Fricker Road Illovo Boulevard Johannesburg 2196 Tel: (011) 530 5232 Fax: (011) 530 6232 Ref: M Hathorn / V Movshovich / S McKenzie / P Dela /
M Kruger / B Winks 2329211
TO: THE REGISTRAR
Constitutional Court of South Africa Constitution Hill
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AND TO: THE REGISTRAR
Western Cape High Court Cape Town
AND TO: THE STATE ATTORNEY, CAPE TOWN Respondents' Attorneys
4th Floor, 22 Long Street Cape Town
Tel: 021 441 9277 Fax: 021 421 9364 Ref: A Mugjenkar
4974/12/P3
