IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA
HELD AT JOHANNESBURG CASE NO: CCT 72/09 LAC CASE No: DA 24/08 LC CASE No: D293/04
In the matter between:-
NTOKOZO ARCHIBALD KHANYILE APPLICANT
and
BILLITON ALUMINIUM S A LTD t/a
HILLSIDE ALUMINIUM FIRST RESPONDENT THE COMMISSION FOR CONCILIATION
MEDIATIONAND ARBITRATION SECOND RESPONDENT COMMISSIONER ZWANE, A C, NO. THIRD RESPONDENT
AFFIDAVIT IN SUPPORT OF APPLICATION FOR CONDONATION
I, the undersigned,
ZWELABANTU ELIAS BUTHELEZI, do hereby make oath and say:-
1.
I am an attorney of the High Court of South Africa, and I am a director of the applicant’s attorneys of record in this matter.
2.
I am duly authorised to bring this application for condonation and to depose to this affidavit in support thereof.
3.
The facts which are contained in this affidavit are within my own personal knowledge unless otherwise stated and they are, to the best of my knowledge and belief, true and correct.
4.
This affidavit is filed in support of the applicant’s application for a condonation of the late filing of his Heads of Argument in terms of the directions which were issued by the Chief Justice on the 31st August 2009.
5.
In terms of the aforesaid directions, the applicant was supposed to file the Heads of Argument in question on or before the 21st October 2009.
6.
The Heads of Argument were timeously served upon the applicant on the 21st October 2009 but the late filing thereof has however been occasioned by the fact that we had inadvertently diarised the matter on the basis that the same had to be filed at court by not later than the 22nd October 2009.
7.
We therefore forwarded the same to our Johannesburg correspondents for filing at court but, when the attempted to do so on the 22nd October 2009, the Registrar advised them that this application was necessary because the Heads of Argument were supposed to have been filed by not later than the 21st October 2009.
8.
I apologise for the mistake and I request that the late filing of the Heads of Argument should be condoned.
WHEREFORE, I pray for an order in terms of the order prayed in the notice of motion which is prefixed hereto or such other order as the above Honourable Court may deem fit in the circumstances.
D E P O N E N T
I HEREBY CERTIFY THAT THE Deponent has acknowledged that he knows and understands the contents of this affidavit which was sworn to and signed before me at PRETORIA on this day of 2009, the regulations contained in GNR 1258 dated 21st July 1972 having been complied with.
