in the constitutional court of south africa

IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA

CASE NO: CCT89/13

NORTHERN CAPE HIGH COURT CASE NO: 476/09

SUPREME COURT CASE NO: 309/2013

In the matter between:

LORRAINE SOPHIE BOTHA 1^ST APPLICANT

KHULULEKANI LAUNDRY CC 2^ND APPLICANT

and

HENRY ROBINS RICH N.O. 1^ST RESPONDENT

JOHANNES JACOBUS WIESE 2^ND RESPONDENT

HENDRIKS N.O

MARTHA MAGRIETA HENDRIKS N.O. 3^RD RESPONDENT

AFFIDAVIT

I, the undersigned,

STEPHEN JAMES GROENEWALDT,

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do hereby make oath and state:

1.

I am an adult male attorney practicing as a partner at the firm Towell and Groenewaldt Attorneys at 28 Roper Street, Kimberley. I am also the attorney of record for the Applicants and is duly authorized to depose to hereof.

2.

The facts contained herein fall within my personal knowledge and belief and are both true and correct.

3.

Subsequent to the issuing of the above Honourable Court’s directions dated 20 August 2013, I lodged an application for funding on 21 August 2013 on behalf of the Applicants to the Impact Litigation Unit of Legal Aid South Africa.

4.

On 9 September 2013, I received an e-mail from the Impact Litigation Unit informing me that funding for the Applicants litigation in this matter was approved. I annex hereto the said e-mail as Annexure “SJG1”.

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5.

I immediately went about securing a counsel from a previously disadvantaged background as per the requirements of Annexure SJG1 hereto and briefed Advocate Denzil Potgieter S.C. of the Cape Bar. I annex hereto the counsel’s acceptance of the brief as Annexure “SJG2”. I was unable to brief counsel beforehand due to a lack of funds.

6.

Advocate Potgieter indicated to me telephonically that he was unable to prepare heads by 13 September 2013 as per the court’s directions due to the short time frame available within which to do so and requested me to seek an indulgence to 27 September 2013.

7.

In light of the above, I humbly request that an indulgence be granted to the Applicants’ for purposes of filing their heads, which request I submit is reasonable.

______________________________

STEPHEN JAMES GROENEWALDT

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I certify that the deponent signed this declaration in my presence at Kimberley on this ______ of SEPTEMBER 2013 and declared that he understood the contents thereof, had no objection to taking this oath, considered this oath to be binding on his conscience and uttered the words: ‘I swear that the contents of this declaration are true, so help me God.’

___________________________

COMMISSIONER OF OATHS