IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA
Case no: CCT ________
LAC case no: DA24/06 LC case no: D293/04
In the matter between:
BILLITON ALUMINIUM SA LTD
t/a HILLSIDE ALUMINIUM Applicant
and
KHANYILE, N A First Respondent
COMMISSION FOR CONCILIATION,
MEDIATION AND ARBITRATION Second Respondent
COMMISSIONER ZWANE, A, N.O. Third Respondent
NOTICE OF MOTION
TAKE NOTICE THAT the above-named applicant hereby applies for an order in the following terms:
1. Condoning the failure of the applicant to comply with the time-period in Rule 19(2) of the Rules of this Court;
2. Granting the applicant leave to appeal against the judgment of the Labour Appeal Court delivered on 24 February 2009, against which judgment leave to appeal was refused by the Supreme Court of Appeal on 3 June 2009;
Notice of Motion (Con Court)
3. Setting aside the order of the Labour Appeal Court and replacing it with an order in the following terms:
“The appeal against the judgment of the Labour Court is dismissed with costs.”
4. Ordering that the costs of the present appeal be paid by any respondent opposing it.
5. Further and/or alternative relief.
TAKE NOTICE FURTHER that the attached affidavit of BRIDGET TRACY BISHENDEN will be used in support hereof.
TAKE NOTICE FURTHER that the appellant has appointed the address of Deneys Reitz Inc. 82 Maude Street, Sandton, Gauteng, as the address at which it will accept notice and service of all processes in these proceedings.
TAKE NOTICE further that if you intend opposing this application, you must file your answer within 10 days of receipt hereof, in terms of Rule 19(4) of the Rules of this Court.
DATED at this day of 2009.
__________________
DENEYS REITZ INC.
DENEYS REITZ INC.
4TH FLOOR, THE MARINE 22 GARDINER STREET DURBAN
TEL : (031) 367-8800 FAX : (031) 301-3993
REF : MURRAY ALEXANDER/sn ALU/220
Notice of Motion (Con Court)
Locally represented by:
DENEYS REITZ INC 82 MAUDE STREET SANDTON
GAUTENG
TEL: 011 685 8500 FAX: 011 535 5231 REF: SBU GULE
TO The Registrar
THE CONSTITUTIONAL COURT Johannesburg
AND TO The Registrar
THE SUPREME COURT OF APPEAL c/o Elizabeth & President Brand Streets Bloemfontein, 9301
P O Box 258 Bloemfontein 9300
Telephone 051 430 4128 Telefax 051 447 8098
AND TO NTOKOZO KHANYILE First Respondent
c/o BUTHELEZI INCORPORATED Suite 1010, 85 On Field
85 Field Street Durban, 4001 P O Box 4656 Durban, 4000 Tel: (031) 304-2721 Fax: (031) 307-4240
Ref: Mr Z Buthelezi/fk/L0018382
