IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA
CASE NO: CCT 01/14
In the application of:-
SOUTH AFRICAN POLICE SERVICE APPLICANT
AND
SOLIDARITY obo MRS R M BARNARD RESPONDENT
NOTICE OF MOTION
KINDLY TAKE NOTICE that the Applicant will make application at the hearing of the above mentioned matter for an order in the following terms:
1. The Applicant is granted condonation for the late filing of its Written Submissions, filed in terms of paragraph 5(a) of the Directions issued by the Chief Justice on 28 January 2014;
2. Costs only in the event of opposition; and
3. Further and/or alternative relief.
SIGNED AND DATED at JOHANNESBURG on the 10 March 2014.
_______________________________________
THE STATE ATTORNEYS APPLICANT’S ATTORNEYS 10th Floor, North State Building 95 Albertina Sisulu, Corner Kruis Street Private Bag X9, Docex 688
Johannesburg, 2000 Tel: (011) 330-7664 Fax: (011) 333 1683 Ref: 2174/07/P17/vm Refer To: MB LEKOLOANA
TO: THE REGISTRAR OF
ABOVE HONOURABLE COURT
AND TO: SERFONTEIN VILJOEN & SWART ATTORNEYS RESPONDENT’S ATTORNEY
165 Alexander Street Brooklyn
PRETORIA
TEL: (012) 362 2556 FAX: (012) 362 2557
REF: Mr Swart/Mr Claassen/fb/CB
Received copy hereof on this __ day of March 2014.
_____________________________
RESPONDENT’S ATTORNEYS
IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA
CASE NO: CCT
01/14
In the application of:-
SOUTH AFRICAN POLICE SERVICE APPLICANT
AND
SOLIDARITY obo MRS R M BARNARD
RESPONDENT
_____________________________________________________________
AFFIDAVIT IS SUPPORT OF CONDONATION APPLICATION
______________________________________________________________
I the undersigned
MASILO BRAIN LEKOLOANA
do hereby make oath and state that.
1.
I am an adult male person and a practising attorney in the office of the State Attorney Johannesburg, the Applicant’s attorneys of record in this matter.
2.
The contents of this affidavit are within my personal knowledge and I believe same to be both true and correct, unless the context indicates otherwise.
3.
This affidavit is filed in support of the Applicant’s application for condonation of the late filing of the Applicant’s Written Submissions in this matter as same should have been filed on the 07 March 2014, as per the court directions dated 28 January 2014.
4.
The circumstances which gave rise to the late filing of the Written Submissions are the following:-
4.1.
On the 28 February 2014, I prepared the record as per the court directions and personally filed them at the Court and gave other copies to messengers for them to deliver to counsel for the applicant.
4.2.
I laboured under the impression that the copies of the record were delivered to counsel’s chambers until I received a call on 6 March 2014, from the applicant’s junior counsel, Ms Bleazard when she informed me that counsel had not received a copy of the record and needed same for the purposes of finalising the Applicant’s Written Submissions.
4.3.
On 7 March 2014, I personally drove to Advocate’s chambers to drop off copies of the record. These were delivered at about 11:00am.
4.4
I received a copy of the final Written Submissions from counsel at about 14:30pm on 7 March 2014. I immediately sent these to the Respondent’s attorneys and to the Court by e-mail. See annexure A1 and A2.
4.5
Without any delay, I made hard copies of the Written Submissions for the purpose of filing at Court. I was delayed in reaching the Court as a result of
traffic, and I reached the Court at about 15:33pm. I was then informed by the Security Officers that the Registrar’s office was closed and that I could only file on Monday, 10 March 2014.
4.6
I returned to the Registrar’s office first thing in the morning of 10 March 2014 in order to file the Applicant’s Written Submissions. I was advised that I could not file the Written Submissions without filing an Application for Condonation for the late filing of the Submissions. I have accordingly prepared this application with all due haste.
5.
I humbly submit that I have, at all times, sought to comply with the court directions, and the delay in filing the hard copies of the Applicant’s Written Submissions was due to a series of unforeseen and unintentional circumstances.
6.
I humbly submit that there can be no prejudice to the Respondent as a soft copy was served on the Respondent’s attorneys by email on 7 March 2014, and a hard copy was served on the Respondent’s attorneys of record on 10 March 2014 at about 08:25am.
WHEREFORE I humbly request that this Honourable Court condone the late filing of the Applicant’s Written Submissions as prayed for in the Notice of Motion to which this affidavit is attached.
___________________________
DEPONENT
The deponent has acknowledged the she knows and understand the contents of this affidavit and the she has no objection in taking the prescribed oath, and which she consider binding on her conscience, which was signed and sworn to before me at___________________ on the ______day of ________________ 2011, the requirements of Regulation r1258 dated 21st July 1972 as amended by Regulation 1648dated 19th August 1977 having been complied with.
__________________________
COMMISSIONER OF OATHS
FULLNAMES:………
CAPACITY:………
ADDRESS:……….
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