IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA Constitutional Court Case No:
Supreme Court of Appeal Case No: 537/10 Western Cape High Court Case No:
In the matter between:
JUDGE PRESIDENT MANDLAKAYISE
JOHN HLOPHE Applicant
and
THE PREMIER OF THE WESTERN CAPE PROVINCE Respondent
AND IN THE MATTER OF AN APPLICATION FOR LEAVE TO APPEAL TO THE CONSTITUTIONAL COURT IN TERMS OF RULE 19 OF THE RULES OF THE CONSTITUTIONAL COURT AGAINST A DECISION OF THE SUPREME COURT OF APPEAL HANDED DOWN ON 31 MARCH 2011
NOTICE OF APPLICATION IN TERMS OF RULE 19 OF THE RULES OF COURT
TAKE NOTICE that the Judge President Mandlakayise John Hlophe, hereinafter called the Applicant, hereby makes application in terms of Rule 19(2) of this Court’s Rules for orders:
1. Granting it leave to appeal to the Constitutional Court against the whole of the judgment and order of the Supreme Court of Appeal Case No: 537/10 per Cleote
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JA, Harms DP, Lweis Ponnan and Majiedt JJA dated 31 March 2011in which it granted Respondents the following orders:
1.1. The appeal is dismissed with costs including the costs of two counsel, which are to be paid by the Judicial Service Commission and the Judge President jointly and severally.
TAKE FURTHER NOTICE that the affidavit of BARNABAS FANOZI XULU and the annexures thereto will be used in support of this application.
TAKE NOTICE FURTHER that the Applicant has appointed the office of XULU LIVERSAGE ATTORNEYS care of MOODLIYAR AND BEDHESI ATTORNEYS OF 57 Oxford Road, Saxonwold at which it will accept service in this application.
TAKE NOTICE FURTHER that, you may respond thereto in writing within 10 (ten) days from the date upon which this application is lodged, indicating whether or not the application for leave to appeal is being opposed, and if so the grounds for such
opposition.
DATED at _________________________ on this the ____ day of MAY 2011.
__________________
XULU LIVERSAGE INC
Applicant’s Attorneys 20 Dunkley Mews Dunkley Square
Gardens Cape Town Tel: (021) 465 8040 Fax: (021) 461 3821
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Email: [email protected] Ref: B XULU/ HLO1.4 C/O MOODLIYAR & BEDHESI
ATTORNEYS 57 Oxford Road
Saxonwold Johannesburg Tel: (011) 486 2911 Fax: (011) 486 3911 Email: [email protected] TO: THE REGISTRAR
Constitutional Court of South Africa Constitution Hill
Braamsfontein Johannesburg Fax: (011) 339 5098
Email: [email protected] Email: [email protected] AND TO: FAIRBRIDGES ATTORNEYS
Respondent’s Attorneys
1st Floor, Thrupps Illovo Centre 204 Oxford Road
Illovo
Johannesburg Tel: (021) 405 7300 Fax: (021) 419 5135
Email: [email protected].za
