IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA CASE NO : 97/15655
In the matter between :-
MEMBER OF THE EXECUTIVE COUNCIl£ft DEVELOPMENT PLANNING AND LOCAL GOVERNMENT IN THE PROVINCIAL GOVERNMENT OF GAUTENG
CASE NO : CCT 33/97
Appellant (Second Applicant in the Court a quo)
and
THE DEMOCRATIC PARTY
IVOR BLUMENTHAL
First Respondent (First Respondent in
the Court a quo) Second Respondent (Fifth Respondent in
the Court a quo)
ELIZABETH CLOGG Third Respondent
(Sixth Respondent in the Court a quo)
RECORD OF APPEAL
Presented herewith for service by
MOOr/lE & ROBERTSON APPELLANTS ATTORNEYS 9TH FLR, TOTAL HOUSE 209 SMIT STREET
BRAAMFONTEIN TEL: 403-5171
REF: MR H BECKENSTRATER
Page 2
T O :
THE REGISTRAR OF THE CONSTITUTIONAL COURT
T O :
STRAUS SCHER ATTORNEYS RESPONDENTS ATTORNEYS 2ND FLR, EAST LOBBY
90 RIVONIA ROAD SANDTON
TEL: 011-883-9798
RECEIVED 25 COPIES ON THIS 30TH DAY OF ^
RECEIVED 2 COPIES ON THIS 30TH DAY OF DECEMBER 1997
FOR RESPOI NTS ATTORNEYS
Judges
CONSTITUTIONAL COURT
CQX REFERENCE
FOR DISTRIBUTION TO:
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1997 -12- 3 0
BRAAMFONTEIN2017 REGISTRAR OF THE CONSliiUTtONAL COURT
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IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA
Case N°: 97/15655 Case N°: CCT 33/97 In the matter between:
MEMBER OF THE EXECUTIVE COUNCIL FOR DEVELOPMENT AND PLANNING AND LOCAL . GOVERNMENT IN THE PROVINCIAL GOVERNMENT OF GAUTENG
AND
DEMOCRATIC PARTY IVOR BLUMENTHAL ELIZABETH CLOGG
Appellant [Second Applicant in the Court a quol
First Respondent [First Respondent in
^
C flSecond Respondent [Fifth Respondent in the Court a quol Third Respondent [Sixth Respondent in the Court a quol
RECORD O F APPEAL
AGAINST THE WHOLE OF THE JUDGMENT AND ORDER DELIVERED BY HER LADYSHIP JUSTICE SNYDERS IN THE HIGH COURT OF SOUTH AFRICA [WITWATERSRAND LOCAL DIVISION] ON THE 17TH DAY OF JUNE 1997
INDEX VOLUME
/ATTORNEYS FOR APPELLANT
INDEX VOLUME
Page N°s
VOLUME 1 - 1
VOLUME 2 - 2
VOLUME 3 - 3
ATTORNEYS FOR APPELLANT MOODIE & ROBERTSON
9th Floor : Total House 209 Smit Street BRAAMFONTEIN Tel: [Oil] 403-5171
Ref: MR H F BECKENSTRATER/VG/T90271 ATTORNEYS FOR RESPONDENTS
STRAUSS & SCHER EDGAR SALMON & SALMON
2nd Floor East Lobby 801 Kelof
90 RivoniaTtoad 112 Pritchard Street
SANDTON JOHANNESBURG
Tel: [Oil] 883-9798 Tel: [Oil] 333-9501
Ref: MR J H STRAUSS Ref: MR E W SALMON
INDEX : VOLUME 1
Document Description ' ' Page N°s Notice of Motion dated 6 June 1997 . 1 - 5 FOUNDING AFFIDAVIT DEPOSED TO BY
CANZI LISA [First Applicant]
Dated 6 JUNE 1997 6 - 28 Annexure "CL1" thereto:
Extract of Minutes of Budget Meeting held by Eastern Metropolitan Substructure
on 31 May 1997 2 9 - 4 5 Annexure "A" thereto:
Budget Speech 1997/1998 46 - 67 FOUNDING AFFIDAVIT DEPOSED TO BY
SICELO SHICEKA [Second Applicant]
dated 6 June 1997 68 - 72 ANSWERING AFFIDAVIT DEPOSED TO BY
MICHAEL MORIARTY [First Respondent]
dated 11 June 1997 73 - 82 Seventh Respondent's Notification to
Registrar and Filing Sheet intimating his attitude to Application dated
11 June 1997 83 - 85 REPLYING AFFIDAVIT DEPOSED TO BY
CANZI LISA [First Applicant]
dated 12 June 1997 8 6 - 9 1
2
INDEX : VOLUME 2
Document Description Page N°s Affidavit deposed to by
Hans Frederick Beckenstrater [Applicants' Attorney]
dated 12 June 1997 92 - 94 Notice of Intention to Oppose
filed by First, Fifth and Sixth Respondents
dated 10 June 1997 95 - 96 Judgment delivered by Snyders, J
on 17 June 1997 9 7 - 1 1 0 Order of Court dated 17 June 1997 - 111 Applicants' Application for a Certificate in
terms of Constitutional Court Rule 18(e)
and for Leave to Appeal dated 4 July 1997 112 - 114 thereto:
- Affidavit deposed to by
Canzi Lisa dated 19 June 1997 115 - 123 - Grounds of Appeal dated 19 June 1997 124 - 128 Judgment on Application for Leave to Appeal
and Application for a Certificate in terms of Rule 18(e) of the Constitutional Court Rules delivered by Snyders, J on
29 September 1997 129 - 139 Order of Court dated 29 September 1997 140 - 141 Notice of Appeal dated 27 October 1997 142 - 144
3
INDEX : VOLUME 3
Document Description
Filing Sheet to Applicants' Application for Leave to Appeal to Constitutional Court dated 16 October 1997
Judgment by Her Ladyship Justice Snyders handed down on 17 June 1997
[Refer Vol 2 : pp 97 - 110]
Order of Court dated 17 June 1997 [Refer Vol 2: p. I l l ]
Applicants' Application for a Certificate in terms of Constitutional Court Rule
18(e) and for Leave to Appeal [Refer Vol 2: pp. 112 - 114 Affidavit deposed to by Canzi Lisa [Refer Vol 2: pp. 115 - 123]
Grounds of Appeal
[Refer Vol 2: pp 124 - 128
Certificate by Her Ladyship Justice Snyders in terms of Rule 18(e) [undated]
Applicant's Affidavit in terms of Rule 18(g)(iv) deposed to by Sicelo Shiceka dated
15 October 1997
Annexure "A" thereto:
Consolidated Results of Local Elections
Directions given by the President in terms of Rule 18 and 19 granting Leave to Appeal to the Constitutional Court dated 13 November 1997 Seemac Transcription Certificate Registrar Certificate
Page
145-
-
- - - 152-
N*s
146
147 148
149 150 151 153
154-
164-
196- -
163
195
197 198 199
