IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA CONSTITUTIONAL COURT CASE NO: CCT31/09 SOUTH GAUTENG HIGH COURT CASE NO: 08/17815
In the matter between:
JOHNSON MATOTOBA NOKOTYANA AND OTHERS Applicants and
THE EKURHULENI METROPOLITAN MUNICIPALITY First Respondent MEMBER OF THE EXECUTIVE COUNCIL FOR
LOCAL GOVERNMENT AND HOUSING, GAUTENG Second Respondent NATIONAL MINISTER OF HUMAN SETTLEMENTS Third Respondent DIRECTOR-GENERAL: NATIONAL DEPARTMENT OF
HUMAN SETTLEMENTS Fourth Respondent
AFFIDAVIT
I, the undersigned,
JOHNSON MATOTOBA NOKATYANA do hereby make oath and say that:
1. I am the first applicant in these proceedings.
2. The facts herein contained fall within my personal knowledge and belief, except where the context indicates otherwise, and are, to the best of my knowledge both true and correct.
3. To the extent that I do not address any particular allegation made in the second, third and fourth respondents' answering affidavits, such allegation is denied as if
specifically traversed. To the extent that there is inconsistency between the second, third and fourth respondents' allegations, made in the affidavits under reply, and in the affidavits of the Applicants filed of record in the proceedings, the Applicants stand by the allegations made by them in the affidavits filed of record in the proceedings.
4. I reply as follows to the Answering Affidavits signed on behalf of the second, third and fourth respondents.
AD ANSWERING AFFIDAVIT OF THE SECOND RESPONDENT 5. AD PARA 1, 2, 4, 5, 6, 7, 8, 9, 10, 11 and 12
5.1 The contents of these paragraphs are admitted.
6. AD PARA 13
6.1 We have no knowledge of the contents hereof and therefore cannot admit or deny same.
7. AD PARA 14
7.1 The contents of this paragraph are admitted.
8. AD PARA 15-19
8.1 The contents of these paragraphs are admitted, save that it is denied that the Applicants do not fall under the provisions of chapter 12. This is a matter for legal argument which will be addressed to this Honourable Court.
9. AD PARA 20-32
9.1 The contents of these paragraphs are admitted, save to the extent that the paragraphs contradict any previous averments or submissions by the Applicants in affidavits already filed of record in these proceedings by the Applicants.
10. AD PARA 33-45
10.1 The Applicants do not have personal knowledge of the contents of these paragraphs, and are not in a position to admit or deny same, save that the contents of these paragraphs are denied to the extent that any averment or
submission made in these paragraphs conflicts with any previous averments or submissions by the Applicants filed of record in these proceedings.
11. AD PARA 46
11.1 The contents of this paragraph are admitted.
12. AD PARA 47
12.1 It is admitted that Chief Luthuli has been developed in part with a view of relocating residents of HGS to Chief Luthuli. It is further admitted that water and sanitation services have been provided there. The remaining contents of this paragraph are not known to the Applicants who cannot admit or deny same.
13. AD PARA 48-54
13.1 The Applicants do not have personal knowledge of the contents of these paragraphs, and are not in a position to admit or deny same, save that they admit there are no schools and there is no provision of electricity in Chief Luthuli.
14. AD PARA 55-57
14.1 The Applicants do not have personal knowledge of the contents of these paragraphs, and are not in a position to admit or deny same.
15. AD PARA 58
15.1 The contents of this paragraph are admitted.
16. AD PARA 59
16.1 It is denied that the Applicants do not fall within the provisions of chapter 12.
The Applicants do aver that they fall within the provisions of chapter 13 of the Code. The remainder of the contents of this paragraph are not known to Applicants who are not in a position to admit or deny same. However, I attach copies of;
16.1.1 A letter from Ms E Ngobeni of the Department of Local Government, Gauteng Provincial Government, to first respondent dated 18 August 2008, marked as annexure "A"; and
16.1.2 A feasibility report for the development of Rietfontein 115 IR in terms of the essential services programme in which it is recommended that a development consisting of 389 residential stands should proceed at Harry Gwala, marked as annexure "B"
which documents were handed to the Applicants by Mr Mofokeng of the Ekurhuleni Metropolitan Council on 14 August 2009. The feasibility report indicates an intention on the part of the second respondent that the upgrading in situ of Harry Gwala to the north of Dube street be undertaken.
17. AD PARA 60
17.1 The Applicants do not have personal knowledge of the contents of this paragraph, and are not in a position to admit or deny same, save to the extent that any averment or submission made in this paragraph conflicts with any previous averments or submissions by the Applicants filed of record in these proceedings, the contents of this paragraph are denied.
18. AD 61-63
18.1 The "policy" referred to was the policy of the first respondent to budget only for sanitation in approved formal townships. Accordingly the conclusions which the second respondent seeks to draw in these paragraphs are denied.
AD ANSWERING AFFIDAVIT OF THIRD AND FOURTH RESPONDENT
19. The affidavit of the third and fourth respondents sets out in broad terms important aspects of government's housing policy. It is not appropriate in the circumstances to reply seriatum to each averment made by the deponent.
20. The Applicants do not deny the contents of the affidavit save insofar as the contents are not in accordance with the allegations of fact and submissions of the Applicants previously filed of record in this matter.
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DEPONENT
THUS SIGNED AND SWORN TO BEFORE ME, AT ON THIS THE DAY OF AUGUST 2009, by the deponent who acknowledges that he knows and
understands the contents of this affidavit and that he has no objection to taking the prescribed oath and considers the oath to be binding on his conscience.
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