IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA
Case No. CCT
In the matter between:-
CAPE METROPOLITAN COUNCIL Applicant
and
MINISTER FOR PROVINCIAL AFFAIRS AND
CONSTITUTIONAL DEVELOPMENT First Respondent
SOUTH AFRICAN LOCAL GOVERNMENT
ASSOCIATION Second Respondent
NOTICE OF MOTION
TAKE NOTICE that the abovenamed Applicant intends to make application to this Court
and the President of this Court for orders in the following terms:-
1. that the President of this Court (“the President”) dispense with the forms and service provided for in the Rules of this Court (“the Rules”) and give directions in terms of rule 11(1) of the Rules for this application to be heard or decided at such time and in such manner and in accordance with such procedure as may be determined by him;
Mallinicks Inc Ref. M Evans Tel. 021-410 2221 Fax. 021-410 9000
2. that this Court or the President grant the Applicant leave to appeal directly to
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this Court in terms of rule 18(10) of the Rules against the whole of the judgment and order of the Cape Provincial Division of the High Court of South Africa handed down on Wednesday 22nd September 1999 in case no. 1128/99;
3. that this Court or the President direct in terms of rule 18(10) of the Rules, alternatively in terms of rule 11(1) of the Rules, that such appeal be heard prior to this Court handing down judgment in case no. CCT15/99 and case no.
CCT18/99, at such time and in such manner and in accordance with such procedure as may be determined by this Court or the President;
4. directing that the costs of this application be costs in the appeal;
5. granting the Applicant further and/or alternative relief.
TAKE NOTICE FURTHER that the affidavit of BAREND KRUGER KIESER will be
used in support of this application.
TAKE NOTICE FURTHER that the Applicant has appointed the offices of Mallinicks
Inc, 3rd Floor Granger Bay Court, Beach Road, V & A Waterfront, Cape Town, and the offices of Rabin Van den Berg & Pelkowitz, Guildhall, 5 Anerley Road, Parktown, as the addresses where they it accept notice and service of all process in these proceedings.
TAKE NOTICE FURTHER that if the Respondents intend opposing this application,
they are required:-
to notify the Applicant’s attorneys in writing on or before 17h00 on 6 October 1999;
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and
to appoint in such notification an address at which they will accept notice and service of all documents in these proceedings.
KINDLY place the matter before the President to be dealt with in terms of rule 11(1)
of the Rules.
DATED at CAPE TOWN on this the 29th day of SEPTEMBER1999.
MALLINICKS INC.
per :
Michael EVANS
Attorneys for Applicants 3rd Floor Granger Bay Court Beach Road
V & A Waterfront CAPE TOWN
(OUR REF: Mr M Evans/122193) Tel : (021) 410 2221
Fax : (021) 410 9000
c/o RABIN VAN DEN BERG &
PELKOWITZ Guildhall 5 Anerley Road PARKTOWN
Tel : (011) 486 2929 Fax : (011) 486 0113 (Ref. Mr M Phillips)
TO : THE REGISTRAR OF THE CONSTITUTIONAL COURT Braampark Forum
33 Hoofd Street
4
Braamfontein JOHANNESBURG
AND TO: THE STATE ATTORNEY: CAPE TOWN Attorneys for the First Respondent Liberty Life Centre
22 Long Street CAPE TOWN
(Ref.: Mr W A Wilken)
AND TO: MOGOTSI RAMONO INC
Attorneys for the Second Respondent 8th Floor 17 Harrison Street
JOHANNESBURG (Ref. Mr R H Raborifi)
