DEPARTMENT OF JUSTICE
REPUBLIC OF SOUTH AFRICA
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BRAAMFONTEIN 2017
Reference CCT/8/95 (Attention: Ms P Reynolds/Mr M Fried)
9 June 1995
Du Plessis and others v De Klerk and another
I have been requested by the President of the Constitutional Court to advise you as follows:
Leave is granted to appeal to this court against the whole of the judgment and the order handed down in this matter by Mr Justice Van Dijkhorst, on 10 November 1994.
2. The matter has been provisionally set down for hearing in this court at 10:00 on Tuesday, 7 November 1995.
The points mentioned in paragraphs (a) and (b) of the judgment of Van Dijkhorst J delivered on 14 February 1995, certifying the matter in terms of rule 18(e)(iii), raise the following issues on which argument will be required:
(a) Are the defendants entitled to invoke the provisions of the Constitution notwithstanding that -
(b)
(i) publication of the offending material had already occurred; and/or
(ii) action was instituted; and/or (iii) all relevant facts had occurred
before the Constitution came into operation?
Are the provisions of chapter 3 of the Constitution - and more particularly section 15 - capable of application to any relationship other than that between persons and legislative or executive organs of state at all levels of government?
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4. Such issues will be dealt with as questions of law.
5. The record will consist of the pleadings, including the notice of amendment, and the two judgments of Van Dijkhorst J delivered on 10 November 1994 and 14 February 1995.
6. The appellants are to lodge the record with the registrar of this court on or before 31 July 1995.
7. (a) The appellants are to lodge written argument in support of the appeal with the registrar of this court on or before 14 August 1995.
(b) The respondents are to lodge written argument in answer to the appellants' argument on or before 28 August 1995.
(c) The appellants may lodge written argument in reply to the respondents' argument on or before 11 September 1995.
(d) Such written argument shall set out clearly and succinctly the contentions made in respect of the issues to be dealt with, the reasons therefor and the authorities relied on in support thereof.
8. The provisions of rule 1(3) of this court are applicable to these directions-
(a) These directions are provisional and if any party contends that -
(i) ' the record should contain documents other than those referred to in paragraph 5;
(ii) either of the issues formulated in paragraph 3 cannot be determined as a question of law and that evidence is necessary for its determination;
(iii) these directions should be amended in any other respect
such party shall, on or before 23 June 1995, lodge with the registrar of this court a written notice of its contentions in that regard.
(b) If it is contended that evidence is necessary, the party so contending shall indicate the nature of the evidence envisaged and the manner of adduction proposed.
(c) Any other party shall be entitled to lodge a response to any content ion in terms of (a) and (b) with the registrar of this court on or before 30 June 1995.
(d) These directions will be reconsidered in the light of any such representations.
Yours faithfully
REGISTRAR M . S . NIENABER
COPY TO: THE REGISTRAR:
Transvaal Provincial Division VAN DER WALT & HUGO
