IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA CONSTITUTIONAL HILL
CASE NO: CCT
SCA CASE NO: 146/2006
In the matter between:
GARY WALTER VAN DER MERWE First Applicant ZONNEKUS MANSION (PTY) LTD Second Applicant
and
INSPECTOR TAYLOR First Respondent MINISTER OF SAFETY & SECURITY Second Respondent THE DIRECTOR OF PUBLIC PROSECUTIONS Third Respondent THE COMMISSIONER FOR THE SOUTH
AFRICAN REVENUE SERVICE Fourth Respondent
NOTICE IN TERMS OF RULE 19
TAKE NOTICE that the applicants hereby apply to this Court for orders:
1. Granting the applicants leave to appeal to this Court against the whole of the order handed down by the Supreme Court of Appeal on 19 June 2006 in the matter of Gary Walter van der Merwe and Another v Inspector Nel and Others in which that Court dismissed the applicants’
application for special leave to appeal to the Supreme Court of Appeal in terms of section 20(4)(a) of Act 59 of 1959 against the dismissal on 24 February 2006 by the full bench of the High Court of South Africa (Cape of Good Hope Provincial Division) (per Waglay J, Traverso DJP
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and Louw J concurring) of their appeal against the dismissal on 12 February 2005 by that Court (per Allie J) of their application for inter alia the return of their funds;
2. Ordering that the costs of this application be costs in the appeal.
TAKE NOTICE FURTHER that the affidavit of GARY WALTER VAN DER MERWE and annexures annexed thereto will be used in support of the application.
TAKE NOTICE FURTHER that within ten (10) days from the date upon which this application is served on the respondents they may respond thereto in writing indicating whether they oppose the application.
TAKE NOTICE FURTHER that the applicants have appointed the offices of their attorneys of record set out below as the address at which they will accept notice and service of all documents in these proceedings.
DATED AT ON THIS DAY OF JULY 2006.
MISKEY INCORPORATED Attorneys for Applicants
Per: Charles Miskey Unit 11, 1st Floor Canal Edge II
Tyger Waterfront, Carl Cronje Drive TYGER VALLEY
(Ref: B. Allison) Tel: (021) 914 4480 Fax: (021) 914 4484
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c/o LANDAU INC 2nd Floor
9 Wellington Road PARKTOWN
(Ref: Mr. A. Jacobs)
TO: The Registrar
Constitutional Court
CONSTITUTIONAL HILL
AND TO: THE STATE ATTORNEY Respondents’ attorneys 4th Floor
Liberty Life Centre
22 Long Street
CAPE TOWN
(Ref: Mr. Biko) Tel: (021) 441 9200 Fax: (021) 421 9364
c/o STATE ATTORNEY 10th Floor
North State Building 95 Market Street cnr Kruis Street JOHANNESBURG
