in the constitutional court of south africa

C:\Documents and Settings\shear\Local Settings\My Documents\16Notice of Motion Application for Admission as Amicus Curiae Freedom Under Law.doc

IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA

CASE NO: CCT 53/09 In the matter between:

MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT

Applicant

and

DINGAAN HENDRIK NYATHI Respondent

MEMBER OF THE EXECUTIVE COUNCIL FOR

HEALTH, GAUTENG Second Respondent

In the application to be admitted as amicus curiae of

FREEDOM UNDER LAW Applicant

APPLICATION IN TERMS OF RULE 10

KINDLY TAKE NOTICE THAT Freedom Under Law hereby applies to the above Honourable Court for an order in the following terms:

1. Admitting Freedom Under Law as amicus curiae in the above matter;

2. Granting Freedom Under Law leave to make written submissions by a date to be determined by the Chief Justice;

3. Granting Freedom Under Law leave to make oral submissions at the hearing of the matter on 12 August 2009;

4. Further and/or alternate relief.

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C:\Documents and Settings\shear\Local Settings\My Documents\16Notice of Motion Application for Admission as Amicus Curiae Freedom Under Law.doc 8/5/2009

KINDLY TAKE NOTICE FURTHER THAT the accompanying affidavit of Katharine Mary Savage will be used in support of this application.

KINDLY TAKE NOTICE FURTHER THAT the applicant has appointed the address of BOWMAN GILFILLAN ATTORNEYS, 165 West Street, Sandton, 2146, as the place at which it will accept notice and service of all process in these proceedings.

KINDLY PLACE THIS APPLICATION BEFORE THE CHIEF JUSTICE ACCORDINGLY.

DATED AT SANDTON ON THIS THE 28^TH DAY OF JULY 2009.

__________________________

BOWMAN GILFILLAN Applicant’s Attorneys 165 West Street Sandton 2146 Tel: (011) 669 9000 Fax: (011) 669 9001 Ref: C Todd / N Stein / 2000516

TO: REGISTRAR OF THE ABOVE

HONOURABLE COURT

AND TO: THE STATE ATTORNEY, PRETORIA Attorneys for the Applicant

c/o THE STATE ATTORNEY, JOHANNESBURG 11^th Floor, North State Building

95 Market Street Johannesburg

Ref: Mrs Pillay / Miss Mosidi

AND TO: ADELE VAN DER WALT ATTORNEYS Attorneys for the Respondent

330 Aries Street

Waterkloof Ridge

Pretoria Tel: (012) 460 3668 Fax: 086 614 9011

Ref: A Van der Walt/lo/AS0784

AND TO: THE AIDS LAW PROJECT 6^th Floor, Braamfontein Centre 23 Jorissen Street Braamfontein

Ref: Mr S Maphumulo

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C:\Documents and Settings\shear\Local Settings\My Documents\16Notice of Motion Application for Admission as Amicus Curiae Freedom Under Law.doc 8/5/2009

AND TO: THE LEGAL RESOURCES CENTRE 7^th Floor, Bram Fischer House

25 Rissik Street Johannesburg Tel: (011) 836 9831 Fax: (011) 836 8680 Ref: Zeenat Sujee

AND TO: THE LAW SOCIETY OF SOUTH AFRICA c/o GILLES BRIEL & MOUMAKOE

Block D, Empire Park 55 Empire Road Johannesburg Tel: (011) 482 8560 Fax: (011) 482 6413 Ref: Mr T Moumakoe/SLM/

AND TO: THE SOCIETY OF ADVOCATES North Gauteng High Court 220 Vermeulen Street Pretoria

Tel: (012) 361 2916 Fax: (012) 365 2966

AND TO: THE SOCIETY OF ADVOCATES South Gauteng High Court Ground Floor, Nedbank House No 2 Protea Place

Sandown Johannesburg

Tel: (011) 292 6900 Fax: (011) 292 6901