IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA
CASE NO : In the matter between :
LISA TRACY SONDERUP (previously TONDELLI) APPLICANT and
ARTURO TONDELLI FIRST RESPONDENT THE FAMILY ADVOCATE SECOND RESPONDENT
APPLICATION FOR LEAVE TO APPEAL
BE PLEASED TO TAKE NOTICE that the abovenamed Applicant applies in terms of
Rule 18 of the Rules of the above Honourable Court for leave to appeal against the
decision of His Lordship Mr Justice Jennett given under Case No 1980/00 in the High
Court of South Africa (South Eastern Cape Local Division), which judgment was handed
down on 18 October 2000.
BE PLEASED TO TAKE FURTHER NOTICE that, insofar as the whole of the
judgment deals with constitutional issues and matters incidental thereto, a copy of the
judgment is annexed hereto in terms of Rule 18(8)(a), marked “Judgment”.
In terms of Rule 18(8)(b) the application for the Judge’s certificate is annexed hereto
marked “Application”.
His Lordship Mr Justice Jennett furnished a certificate finding that it was in the interests
of justice that the Applicant’s appeal against certain of his decisions in his judgment of
18 October 2000, as more fully described in the Applicant’s application in terms of Rule
18 of the Constitutional Court Rules, be brought directly to the Constitutional Court. His
Lordship also certified that the evidence in the proceedings before the Court was
sufficient to enable the Constitutional Court to deal with and dispose of the constitutional
matters concerned without having to refer the case back to the South Eastern Cape Local
Division for further evidence. In all other respects His Lordship granted a negative
certificate. A copy of the certificate is annexed hereto marked “Certificate”.
BE PLEASED TO TAKE FURTHER NOTICE that in terms of Rule 18(8)(d) the following information and/or argument is furnished :
1 Although His Lordship Mr Justice Jennett held that there was not a reasonable
prospect that the Constitutional Court will reverse or materially alter his judgment
of 18 October 2000, His Lordship did in fact hold that there was a reasonable
prospect that the Supreme Court of Appeal could interfere with his judgment.
2 The matter is one of great urgency as it concerns the status and well-being of a
minor child.
3 The minor child Sofia is a special needs child.
4 Applicant has been Sofia’s primary caregiver since her birth and Sofia has lived
with Applicant all her life. Sofia is a 4½ year old girl.
5 The Applicant annexes hereto as “Heads” the Heads of Argument filed on behalf
of the Applicant in the application for leave to appeal and for a certificate.
6 It is respectfully submitted that His Lordship Mr Justice Jennett erred in the
respects set out in the Applicant’s grounds of appeal (annexure “A” to the
application for leave to appeal before His Lordship Mr Justice Jennett). It is
respectfully submitted that the issue is a constitutional matter and the
constitutional grounds have been set out in the affidavit of Ms Wiggins being the
founding affidavit to the application for leave to appeal before His Lordship Mr
Justice Jennett (para 5 thereof).
7 In all the circumstances it is respectfully submitted that the Applicant ought to be
granted leave to appeal to the above Honourable Court against the decision of His
Lordship Mr Justice Jennett.
DATED AT PORT ELIZABETH THIS 9th DAY OF NOVEMBER 2000
____________________________________
APPLICANT
____________________________________
SMITH TABATA LOON & CONNELLAN
Applicant’s Attorneys 4 Cape Road
PORT ELIZABETH
(Ms K Wiggins/ww/S1865)
Tel: 041-5821416
Locally represented by:
YOUNG-DAVIS INC 3rd Floor, Entrance 2 Sanlam Arena
Cnr Cradock Avenue & Baker Street Rosebank
TO : THE REGISTRAR
Constitutional Court Braampark Form II 33 Hoofd Street BRAAMFONTEIN
AND TO : STRYDOM & ASSOCIATES First Respondent’s Attorneys
368 Cape Road
PORT ELIZABETH
(Mr Strydom)
(Tel: 041-3650452) (Telefax : 041-3643322)
AND TO : THE STATE ATTORNEY
Second Respondent’s Attorneys
29 Western Road
Central
PORT ELIZABETH
(Ref: 2273/2000/Gajjar) (Tel: 041-5857921) (Telefax : 041-5852687)
