IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA
CC Case No: 41/2011 SCA Case No: 537/10
In the matter between:
JUDGE PRESIDENT MANDLAKAYISE JOHN HLOPHE Applicant
and
PREMIER OF THE WESTERN CAPE First Respondent THE ACTING CHAIRPERSON: JUDICIAL SERVICE
COMMISSION Second Respondent
THE JUDICIAL SERVICE COMMISSION Third Respondent CHIEF JUSTICE SIRRAL SANDILE NGCOBO Fourth Respondent DEPUTY CHIEF JUSTICE DIKGANG MOSENEKE Fifth Respondent JUSTICE CHRISTOPHER NYAOLE JAFTA Sixth Respondent JUSTICE BAAITSE ELIZABETH NKABINDE Seventh Respondent JUSTICE THEMBILE LEWIS SKWEYIYA Ninth Respondent JUSTICE JOHANN VINCENT VAN DER WESTHUIZEN Tenth Respondent JUSTICE ZAKERIA MOHAMMED YACOOB Ninth Respondent JUSTICE PIUS NKONZO LANGA Eleventh Respondent JUSTICE THOLAKELE HOPE MADALA Twelfth Respondent JUSTICE JENNIFER YVONNE MOKGORO Thirteenth Respondent JUSTICE CATHERINE MARY ELIZABETH O’REGAN Fourteenth Respondent JUSTICE ALBERT LOUIS SACHS Fifteenth Respondent JUSTICE FRANKLYN KROON Sixteenth Respondent
CONFIRMATORY AFFIDAVIT
I, the undersigned,
MANDLAKAYISE JOHN HLOPHE
2
do make oath and say:
1. I am the Judge President of the Western Cape High Court of South Africa. I am the Applicant in this matter.
2. The facts to which I depose herein are within my personal knowledge, save where it is otherwise stated or the context indicates otherwise, and is, to the best of my knowledge and belief, true.
3. I refer to the founding affidavit of BARNABAS FANOZI XULU, my attorney in this matter, filed in support of the application for leave to appeal. I confirm the content thereof, which provides the background to the present application.
________________________________
MANDLAKAYISE JOHN HLOPHE
I certify that the above signature is the true signature of the deponent who has acknowledged to me that he knows and understands the contents of this affidavit, which affidavit was signed and sworn to at Cape Town on this day of May 2011 in accordance with the provisions of Regulation R128 dated 21 July 1972, as amended by Regulation R1648 dated 19 August 1977, R1428 dated 11 July 1980 and GNR774 of 23 April 1982.
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COMMISSIONER OF OATHS
