CONSTITUTIONAL COURT OF SOUTH AFRICA
CASE NO: CCT 18/10
In the matter between:
THE CAMPS BAY RATEPAYERS’ AND
RESIDENTS’ ASSOCIATION First Applicant
PS BOOKSELLERS (PTY) LTD Second Applicant
and
GERDA YVONNE ADA HARRISON First Respondent
THE MUNICIPALITY OF THE
CITY OF CAPE TOWN Second Respondent
DIRECTIONS DATED 7 APRIL 2010
The Chief Justice has issued the following directions:
1) The application for leave to appeal against the judgment of the Supreme Court of Appeal handed down on Wednesday 17 February 2010 is set down for hearing on Thursday 5 August 2010 at 10h00.
2) The record, properly paginated and indexed, must be prepared by the applicants and lodged on or before Friday 18 June 2010.
3) For this purpose, the applicants may use the record as prepared and paginated in the Supreme Court of Appeal, together with any affidavits or other papers filed in this Court that are necessary for the determination of the issues relevant to the hearing.
4) In addition, the applicants are required, not later than ten days before the hearing,
to –
a) lodge one copy of a supplemental volume to the record, consisting of all documents filed in this Court which do not form part of the record already lodged;
b) number these documents consecutively beginning with the page immediately after the last page of the record already lodged; and c) provide an updated index which includes the supplementary
volume(s).
5) Written argument must be lodged by:
a) the applicants on or before Friday 25 June 2010 and b) the respondent on or before Friday 9 July 2010.
6) Written and oral argument must be restricted to the following issues:
(i) whether the proper interpretation and application of section 7(1) of the National Building Regulations and Building Standards Act, 103 of 1977 arises in this matter, and, if so;
(ii) its proper interpretation and application in the light of this Court’s judgment in Walele v The City of Cape Town and Others [2008] ZACC 11; 2008 (6) SA 129 (CC); 2008 (11) BCLR 1067 (CC) and the judgment of the Supreme Court of Appeal in True Motives 84 (Pty) Ltd v Madhi and Others 2009 (4) SA 153 (SCA),
(iii) the proper interpretation and application of section 7(1) of the Promotion of Administrative Justice Act 3 of 2000 in relation to the applicants’ challenge of the alleged contravention of section 47 of the applicable Zoning Scheme Regulations.
(iv) the nature of the restrictive conditions in clause D of the title deed and whether a contravention of those conditions, if established, could lawfully be approved by the second respondent in relation to the impugned development.
7) Further directions may be issued in due course.
MS STANDER
SENIOR REGISTRAR: CONSTITUTIONAL COURT TO: ABE SWERSKY & ASSOCIATES
Attorneys for the Applicants 10th Floor
Picabel Parkade 58 Strand Street CAPE TOWN Tel: (021) 425 4270 Fax: (021) 419 6022
Ref: A HERMAN/aw/25264 c/o: LOUIS & ASSOCIATES 1st Floor, Oxford Manor
196 Oxford Road (cnr Chaplin Rd) Illovo
JOHANNESBURG Tel: (011) 268 1130 Fax: (011) 268 1140 Ref: MR K LOUIS
AND TO: KRITZINGER & COMPANY Attorneys for the First Respondent
33 Church Street CAPE TOWN Tel: (021) 426 0600 Fax: (021) 426 0606 Ref: K M KRITZINGER
AND TO: ABRAHAMS & GROSS INC.
Attorneys for the Second Respondent First Floor
56 Shortmarket Street CAPE TOWN Tel: (021) 422 1323 Fax: (021) 422 1406 Ref: KD/nf/W43382
c/o: WEBBER WENTZEL 10 Fricker Road
Illovo Boulevard JOHANNESBURG Tel: (011) 530 5322 Fax: (011) 530 6322 Ref: Mr Martin Versfeld
