constitutional court of south africa

26-JRJN-1997 10:35 THE CONST I TUT I ONfiL COURT 403 6520 P.02

CONSTITUTIONAL COURT OF SOUTH AFRICA

a n d . •••'••

MICHAEL JOHN LANE N,O/,, EILEEN MARGARET FEY N.O.

THE MASTER OF THE SUPREME COURT THE MINISTER OF JUSTICE -

.-First Respondent Second Respondent Third Respondent Fourth Respondent

DIRECTIONS

the theConstitutional Court to inform you that the

^ C o i r t b y f e a r l a n V l o n 2 5 M a * e « . 1 9 9 * " * ..• .; -.••..••.;•;;;.:;:"v; "...

Court at 10.00 on 26 August

2. The parties are

on

Act, 24 of 1936;

26- JUN-1997- 1 PI • 7K -.

1 B 3 5 THE CONSTITUTIONRL COURT

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1996, have any application to the issues in this matter, particularly with regard to jurisdiction and the question whether the referral of this matter should be to this

Court or to the Supreme Court of Appeals;

2.3 the Order to be given, including any question that might arise in relation to the provisions of section 98(5) and (6) of the Republic of Souih Africa Constitution Act 200 of 1993;

2.A an order for costs.

3. The issues referred to are to be dealt with as questions of law.

4. The record will consist of:

4.1 the Notice of Motion dated 18 December 1996 together with annexures;

4.2 the judgment of Farlam J;

4.3 the order of referral.

5. The written argument of the applicant shall be lodged with the Registrar of this Court by not later than 5 June 1997.

6. The written argument of the respondents shall be lodged with the Registrar of the 2

n

"^{J U N}^ "7 1 0 : 3 G THE CONSTITUTIONPL COURT

• 403 6520 p.04

Court bv not later than 25 June 1997.

7. The applicant may lodge with the Registrar wrinen argument in reply to the respondents

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written argument on or before 3 July 1997.

8. If any of the parties consider that these directions should be amended or supplemented in any respect, wrinen notice to that effect should be lodged with the Registrar and served on all other parties not later than 20 May 1997. These directions will be reconsidered accordingly, in ihe light of any such contentions.

Dated at Johannesburg this-2£>day of April, 1997.

AR OF THE CONSTITUTIONAL COURT

To:

JAN S DE VILLIERS & SON (CHK FRIEDLAENDER) Applicant's Attorneys 16th Floor, BP Centre 1 Thibautt Square CAPETOWN

AND TO:

MICHAEL JOHN LANE NX).

First Respondent

James Lane Trustees (Pty) Ltd t/a Republic Trustees

CONSTITUTIONAL COURT OF SOUTH AFRICA

JEANETTE HARKSEN (BORN TZSCHUCKE)

and

MICHAEL JOHN LANE N.O.

EILEEN MARGARET FEY N.O.

THE MASTER OF THE SUPREME COURT THE MINISTER OF JUSTICE

CASE NO.: CCT9/97 Applicant

Respondent Second Respondent Third Respondent Fourth Respondent

DIRECTIONS

I have been requested by the President of the Constitutional Court to inform you that the following directions have been given in regard to the issue referred to the Constitutional Court by Farlam J on 25 March 1997:

1. The matter has been provisionally set down for hearing before the Constitutional Court at 10.00 on 26 August 1997.

2. The parties are required to address argument on the following matters:

2.1 the constitutionality of sections 21,64(2), 65(1) and 65(2) of the Insolvency Act, 24 of 1936;

2.2 whether the provisions of the Constitution of the Republic of South Africa,

1996, have any application to the issues in this matter, particularly with regard to jurisdiction and the question whether the referral of this matter should be to this

Court or to the Supreme Court of Appeals;

2.3 the Order to be given, including any question that might arise in relation to the provisions of section 98(5) and (6) of the Republic of South Africa Constitution Act 200 of 1993;

2.4 an order for costs.

3. The issues referred to are to be dealt with as questions of law.

4. The record will consist of:

4.1 the Notice of Motion dated 18 December 1996 together with annexures;

4.2 the judgment of Farlam J;

4.3 the order of referral.

5. The written argument of the applicant shall be lodged with the Registrar of this Court by not later than 5 June 1997.

6. The written argument of the respondents shall be lodged with the Registrar of the 2

Court by not later than 25 June 1997.

7. The applicant may lodge with the Registrar written argument in reply to the respondents' written argument on or before 3 July 1997.

8. If any of the parties consider that these directions should be amended or supplemented in any respect, written notice to that effect should be lodged with the Registrar and served on ail other parties not later than 20 May 1997. These directions will be reconsidered accordingiy, in the light of any such contentions.

Dated at Johannesburg this 2>O day of April, 1997.

REGIST£AROF THE CONSTITUTIONAL COURT

To:

JAN S DE VILLIERS & SON (C H K FRIEDLAENDER) Applicant's Attorneys

16th Floor, BP Centre 1 Thibault Square CAPE TOWN

AND TO:

MICHAEL JOHN LANE N.O.

First Respondent

James Lane Trustees (Pty) Ltd t/a Republic Trustees

10th Floor

Plein Park Building Plein Street

CAPE TOWN

AND TO:

EILEEN MARGARET FEY N.O.

Second Respondent

Coopers and Lybrand Trustees The terraces

34 Bree Street CAPETOWN

AND TO:

THE MASTER OF THE SUPREME COURT Third Respondent

Supreme Court

Queen Victoria Street CAPETOWN '

AND TO:

THE MINISTER OF JUSTICE Fourth Respondent

c/o The State Attorney Qfueen Victoria Street CAPETOWN.