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IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA
CASE NUMBER: CCT37/97
1 G ^ R E R V A N
In the matter between:-
MOOSAOSMAN l 3 J 0 ~a3~ 2 3 • First Applicant MOHAMED SHIRAZ OSMAN,___DMAA^^in:iN 2017 Second Applicant
and
THE ATTORNEY-GENERAL FOR THE TRANSVAAL Respondent
NOTICE IN TERMS OF RULE 4 (8)
BE PLEASED TO TAKE NOTICE that the Applicants intend to apply, on the 7th day of May 1998 at the above mentioned court at 10:00, for an order in the following terms:
1. That Section 36 of Act 62 of 1955 is in conflict with the present constitution, Act 108 of 1996, and particularly in conflict with Sections (a),(b) and (c) as well as Section 35(3)(h) and 0) thereof; and
2. Was at all relevant times in conflict with the provisions of Section 25(2)(c) and 25(3)(c) of the interim constitution, Act 200 of 1993.
BE PLEASED TO TAKE FURTHER NOTICE that the Applicants attach hereto a certificate in terms of Rule 18(e) which was issued by the High Court of South Africa, (The Transvaal Provincial Division) on the 6th day of November 1997.
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AND BE PLEASED TO TAKE FURTHER NOTICE that the Applicants attach hereto directions issued by the president of the Constitutional Court on the 23rd day of February 1998.
SIGNED at PRETORIA on this 25th day of FEBRUARY 1998.
J MOOLMAN KO&DS MALAN ATTORNEY
C/O WERNER MOOLMAN ATTORNEY STANDARD BANK CHAMBERS 507 CHURCH SQUARE, PRETORIA
Tel.: (012)323 2246
Fax.: (012) 323 5794
Our ref.: W Moolman/27/97
TO: THE REGISTRAR OF THE CONSTITUTIONAL COURT JOHANNESBURG
AND TO: THE MINISTER OF JUSTICE C/O THE STATE ATTORNEY FEDSURE FORUM BUILDING SOUTH TOWER, 4TH FLOOR
CNR. PRETORIUS AND VAN DER WALT STREET PRETORIA
COPY RECEIVED
OWTVAMG & ? i o
ACCEPTE IADFU: 'Q WW
IN THE HIGH COURT OF SOUTH AFRICA (TRANSVAAL PROVINCIAL DIVISION)
PRETORIA 6 NOVEMBER 1997 CASE NO: 14618/95
BEFORE THE HONOURABLE MR JUSTICE V A N D Y K
BEFORE THE HONOURABLE MR JUSTICE McCREATH
In the matter of:
MOOSA OSMAN FIRST APPLICANT MOHAMMED SHIRAZ OSMAN SECOND APPLICANT and
THE ATTORNEY GENERAL FOR THE TRANSVAAL RESPONDENT
HAVING HEARD counsel for the applicant and having read the documents filed of record
IT IS ORDERED
THAT the court certify that the only issue remaining in this matter is of a constitutional nature.
THAT there is reason to believe that the honourable Constitutional Court may- give leave to the applicants to note an appeal against the decision on the said issue.
THAT the constitutional issue can be defined as follows, namely: "Whether section 36 of the General Laws Amendment Act, Act 62 of 1955, is in conflict with the provisions of section 25(2)(c) and 25(3)(c) of the Constitution of the Republic of South Africa, Act 200 of 1993", (the Interim Constitution) THAT the constitutional issue is one of substance on which a ruling by the Constitutional Court is desirable.
THAT the evidence in the proceedings is sufficient to enable the honourable Constitutional Court to deal with and dispose of the matter without having to refer the case back to the above honourable court for further evidence.
THAT there is a reasonable prospect that the honourable Constitutional Court will reverse or materially alter the decision given by the above honourable court if permission to bring the appeal is given.
362 STRYDOM
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