IN THE CONSTITUTIONAL COURT (REPUBLIC OF SOUTH AFRICA)
Case no:
In the matter between:
SOPHY MOLUSI FIRST APPLICANT
DAVID MAMAGOLA SECONDAPPLICANT
ISAAC SELOLWANE THIRD APPLICANT
K L TWARISANG FOURTH APPLICANT
JOSEPH RAMOKANE FIFTH APPLICANT
FRANS MOKANSI SIXTHAPPLICANT
AND
FRANCOIS DANIËL JAMES VOGES N.O. FIRST RESPONDENT FREDERIKA MARIA CHRISTINA VOGES N.O. SECOND RESPONDENT
THE HEAD OF THE NORTH WEST PROVINCIAL
OFFICE OF THE DEPARTMENT OF RURAL THIRD RESPONDENT DEVELOPMENT AND LAND REFORM
THE RUSTENBURG LOCAL MUNICIPALITY FOURTH RESPONDENT
NOTICE OF MOTION
(APPLICATION FOR LEAVE TO APPEAL)
TAKE NOTICE: that the abovementioned applicants will apply to this Honourable Court for an order in the following terms:
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1. That leave be granted to the applicants to appeal to the Constitutional Court against the judgment and order of the Supreme Court of Appeal, handed down on 8 May 2015 under case number 1008/13, whereby an appeal by the applicants against an eviction order granted by the Land Claims Court on 18 January 2013 under case number 85/2010, was dismissed.
2. That such directions be issued for the finalization of this matter as the Honourable Court may deem appropriate.
3. That further and/or alternative relief be granted to the applicants.
TAKE FURTHER NOTICE: that, in the appeal, an order will be sought in the following terms:
a. That the appeal is upheld.
b. That the order granted by the Land Claims Court on 18 January 2013 under case number 85/2010 is set aside and replaced with the following:
The application is dismissed.
TAKE FURTHER NOTICE: that the grounds upon which this application for leave to appeal is based, are set out in the accompanying affidavit of SOPHY MOLUSI.
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TAKE FURTHER NOTICE: that within 10 (ten) days after this
application for leave to appeal is lodged, the respondents may respond to it in writing, indicating whether or not the application is opposed, and if so the grounds of opposition.
TAKE FURTHER NOTICE: that should no response be received, the
applicants will request the Registrar to place the matter before the Chief Justice to be dealt with terms of Rule 11(4) and the Court’s Practice Direction dated 17 March 2015.
SIGNED at POTCHEFSTROOM on this 28th day of MAY 2015
_______________________
Matshitse Attorneys
Attorneys for the Appellants
C/O Lingenselder & Baloyi Attorneys 57 Judges Avenue
RANDBURG
Tel: (011) 476 4244 Fax: 086 636 0539
Email: [email protected] Ref: Mr Kgaugelo Baloyi
TO: The Registrar
Constitutional Court BRAAMFONTEIN
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AND TO: FRESS, MOLL & PARTNERS
Attorneys for first and second Respondents 129 Beyers Naude Drive
Roosevelt Park JOHANNESBURG Tel: (011) 888-2300 Fax: (011) 888-2333
Email: [email protected] Ref: Mr I P Gurovich/Vog1/1
AND TO: THE HEAD OF THE NORTH WEST PROVINCIAL OFFICE OF THE DEPARTMENT OF RURAL DEVELOPMENT AND LAND REFORM (Third Respondent)
Shama Investment Building 9 Shippard Street
MAHIKENG
AND TO: THE RUSTENBURG LOCAL MUNICIPALITY (Fourth Respondent)
Missionary Mpheni House
Corner Nelson Mandela and Beyers NAude Drives RUSTENBURG
Received on ____ May 2015 at _____ by _____________
Received on ____ May 2015 at _____ by _____________
Received on ____ May 2015 at _____ by _____________
