I
DEPARTMENT OF JUSTICE
REPUBLIC OF SOUTH AFRICA
Reference
4 October 1995
Tel. (011)403-8032 Fax (011)403-6524
APPLICANT'S ATTORNEY EDELING VORSTER PAGEL P.O. BOX 3251
PAKLANDS 2121
TEL NO.: 880-1119 FAX NO.: 880-1435
REF: MR E. VORSTER/ FV 1000
STATE ATTORNEY
1ST, THIRD & FOURTH RESPONDENT'S ATTORNEYS PRIVATE BAG X9
JOHANNESBURG 2000
TEL NO.: 336-2961 FAX NO.: 337-7180
Office of the Registrar of the Constitutional Court Private Bag X32
BRAAMFONTEIN 2017
CCT 30/95
THE ATTORNEY - GENERAL OF WITWATERSRAND 2ND RESPONDENT
PRIVATE BAG X8 JOHANNESBURG 2000
TF.T.NO.: 332-8300 FAX NO.: 337-8190 REF: K.M. ATTWELL
J . K E M P N E L v R. GABRIEL LEROUXN.O. & THREE OTHERS - CCT30/95
DIRECTIONS ISSUED UNDER RULE 22(3)(b)
On the instructions of the President of the Court the following driections are issued.
1.
The issue which has to be decided in this matter, and on which argument will therefore be
J 4 1
required, is whether the provisions of section 205 of the Criminal Procedure Act, No. 51 of 1977, are in conflict with the provisions of Chapter 3 of the Constitution of the Republic of South Africa, 1993, in particular the provisions of Sections 8(1), 11(2), 13, 15(1), 23, 24 and 25(3)(a), (c) and (d). That issue was referred to this Court in terms of section 102(1) of the Constitution by Mr. Justice Stegmann, sitting in the Witwatersrand Local Division of the Supreme Court on 25 August 1995.
2.
The matter will be heard by this Court on TUESDAY, 20 FEBRUARY 1996 starting at 10 a.m.
3.
The record in this matter is to consist of the following:
3.1 The Notice of Motion filed in Case No. 14952/95 with the Registrar of the Witwatersrand Local Division;
3.2 the full affidavits filed with the Registrar of the WLD in the matter referred to above together with all annexures thereto, and
3.3 the referral Order by Stegmann J made on 25 August 1995.
4.
The record is to be filed and served by not later than THURSDAY, 9 NOVEMBER 1995.
5.
5.1 The written argument on behalf of -
(i) the applicant ids to be filed and served by no later than THURSDAY, 16 NOVEMBER, 1995;
(ii) each other party is to be filed and served by no later than THURSDAY, 7 DECEMBER 1995.
5.2 Such argument shall -
(i) set out clearly and succinctly the contentions made in respect of each of the issues referred to in paragraph 1 of these directions, the reasons therefore, and the authorities relied on in support of such contentions;
I
(ii) deal with the order which brought to be made by the Constitutional Court if it is held that the provisions of Section 205 of the Criminal Procedure Act are in conflict with the provisions of the Constitution, including any question that might arise in relation to the provisions of Section 98(5) of the Constitution.
6.
In compliance with Rule 1(3), twenty-five copies of the documents referred to in paragraphs 3 to 5 above are to be filed.
7.
Paragraphs 2, 3, 4, 5 and 6 shall operate as provisional directions which may be varied, amended or augmented in consequence of any written representation made by any interested party to the President of the Constitutional Court by no later than MONDAY, 23 OCTOBER 1995. The directions will be final if they are not so amended, varied or augmented.
BY ORDER
M. NIENABER REGISTRAR