IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA CONSTITUTION HILL
Case Number: CCT ______________2010 Supreme Court of Appeal Case Number: 670/2009
High Court Case Number: 10230/2008
In the matter between:
THE GOVERNING BODY OF THE JUMA First Applicant MUSJID PRIMARY SCHOOL
BEATRICE KISHETA KYUBWA AND OTHERS Second and Further Applicants and
AHMED ASRUFF ESSAY N.O. First Respondent
ABOOBAKER JOOSAB NOOR MOHAMED N.O. Second Respondent
ABDUL VALLY MAHOMED N.O. Third Respondent
ABDUL RAHIM MALEK N.O. Fourth Respondent
HAROUN MAHOMED GANIE N.O. Fifth Respondent
MAHOMED ABDOOL GAFFAR JOOSAB N.O. Sixth Respondent
OMAR ABOOBAKER MOOSA N.O. Seventh Respondent
GOOLAM ALLY GAFFOOR N.O. Eighth Respondent
AHMED YUSSUF LOCKHAT N.O. Ninth Respondent
THE MEMBER OF THE EXECUTIVE COMMITTEE Tenth Respondent FOR EDUCATION FOR THE PROVINCE OF
KWAZULU-NATAL
THE SUPERINTENDANT GENERAL OF THE Eleventh Respondent DEPARTMENT OF EDUCATION FOR THE
PROVINCE OF KWAZULU-NATAL
THE MINISTER OF EDUCATION FOR THE Twelfth Respondent REPUBLIC OF SOUTH AFRICA
CONFIRMATORY AFFIDAVIT IN SUPPORT OF APPLICATION FOR LEAVE TO APPEAL
I the undersigned,
SHABAAN KHAN, do hereby make oath and say:
1. I am the principal of the Juma Musjid Primary School situated at 62-64 Cathedral Road, Durban.
2. I have read the affidavit of our attorney, MAHENDRA R CHETTY, and confirm the contents thereof in so far as it pertains to the circumstances of the school and to any reference to me therein.
3. I confirm that I deposed to an affidavit on 25 March 2010, annexed to the founding papers marked “MC15”. I confirm the contents thereof. Anjuman Primary is the only other school in Durban with an Islamic ethos. As set out in annexure “MC15” this school would be unable to accommodate all of our learners if we were forced to close.
4. The learners attending my school live primarily in the inner city, with a large proportion of the refugee community residing in the Albert Park area. Our learners generally walk to school thereby saving their parents significant amounts in transport costs. If the learners were to be transferred to schools as far as Overport, it would entail them walking a
distance of approximately 6,3km through the main arterial route of the N3 and major traffic interchanges. If the learners were to use public transport to reach these schools they would have to walk to the bus depot opposite the St Aidan’s Hospital in Centenary Road, which is a further kilometre away from Juma Musjid. The costs of using public transport would likely cost in the region of R200 per month per child.
________________________
SHABAAN KHAN
I certify that this affidavit was signed and sworn to before me at Durban on this 1st day of April 2010 by the Deponent who acknowledged that he knows and understands the contents of this affidavit, that to the best of his knowledge and belief it is true and correct, that he has no objection to taking the prescribed oath and that he considers the prescribed oath to be binding on his conscience.
___________________
Commissioner of Oaths Full names:
Capacity:
Business Address:
Area:
