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in the constitutional court of south africa

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IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA Enrolled for hearing on 28 May 2013

CCT CASE NO: 11/13 SCA CASE NO: 796/11 WCHC CASE NO: 14190/10 In the matter between:

BRITANNIA BEACH ESTATE (PTY) LTD First Appellant BRITANNIA BAY DEVELOPERS (PTY) LTD Second Appellant SANDY POINT BEACH PROPERTIES (PTY) LTD Third Appellant WEST COAST MIRACLES (PTY) LTD Fourth Appellant

and

THE SALDANHA BAY MUNICIPALITY Respondent

NOTICE OF MOTION

BE PLEASED TO TAKE NOTICE that at the hearing of the application for leave to

appeal in the above matter at 10h00 on 28 MAY 2013 or so soon thereafter as counsel may be heard, Respondent will make application to the above Honourable Court for an Order in the following terms:

1. Granting the Respondent leave to submit a copy of the Combined Summons, Particulars of Claim and annexure “A” thereto, issued by the

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Appellants out of the Western Cape High Court on 15 December 2011 (under Case No: 25607/11) as further evidence to be received on appeal, on such terms and conditions (including in relation to costs) as the Honourable Court may deem fit.

2. Directing that, in the event that any of the Appellants oppose the application it/they shall be liable for the costs thereof (jointly and severally the one paying the other to be absolved, as the case may be).

TAKE NOTICE FURTHER that the affidavit of ALF DION MAGERMAN will be used in support of this application.

DATED at VREDENBURG this 28th day of March 2013.

SWEMMER & LEVIN INC Respondent’s Attorneys

Per: J MAREE

Cnr Main & Church Streets Vredenburg

Western Cape (Ref: J Maree) Tel : (022) 713 2221 Fax: (022) 703 2123

C/o MOODIE & ROBERTSON 7th Floor

209 Smit Street BRAAMFONTEIN JOHANNESBURG TEL: (011) 628-8600 REF: MR L MOKOENA

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TO: THE SENIOR REGISTRAR Constitutional Court

JOHANNESBURG GAUTENG

REF: MS STANDER

AND TO: WERKSMANS INC Appellants’ Attorneys 142 Edward Street TYGERVALLEY TEL: (021) 910-9038

REF: J J NIEMAND (JJN/V0010532) E-MAIL: [email protected] c/o WERKSMANS INC

155-5th Street SANDTON

TEL: (011) 535-8000 Fax: (011) 535 8600 REF: MS DU PLESSIS

E-MAIL: [email protected]

Referensi

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