NOTICE OF MOTION (FORM 2) (To Registrar and Respondents)
IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA
Case No………..
In the matter between:
DOCTORS FOR LIFE INTERNATIONAL (APPLICANT)
AND
THE SPEAKER OF THE NATIONAL ASSEMBLY (FIRST RESPONDENT)
AND
THE CHAIRPERSON OF THE NATIONAL COUNCIL OF PROVINCES (SECOND RESPONDENT)
TAKE NOTICE that Doctors for Life International (hereinafter called the applicant) intends to make application to this Honourable Court for a
DECLARATION (pursuant to sections 167 (4)(e), 167(6)(a) and 172(1)(a) of the Constitution) that:
Parliament has failed to fulfil its constitutional obligations pursuant to sections 72(1)(a) and 118(1)(a) in that the National Council of Provinces and the nine
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Provincial Legislatures have failed properly or at all to facilitate public
involvement in their legislative and other processes in respect of the following four Bills which the Council purported to pass in plenary session on the 2nd and 4th days of November 2004:
The Choice on Termination of Pregnancy Amendment Bill The Traditional Health Practitioners Bill
The Sterilisation Amendment Bill
The Dental Technicians Amendment Bill
And for such other ORDER or ORDERS as shall be just and equitable including an order for costs.
AND TAKE NOTICE FURTHER that the accompanying affidavits of John Jackson Smyth, Albertus van Eeden , Martus de Wet and Heinrich Botes will be used in support thereof.
AND TAKE FURTHER NOTICE that the applicant has appointed Janse van Rensburg, Strydom & Botha Inc, Attorneys
Attention: Johann Janse van Rensburg or Nicolene Davis 27 Lothbury Road, Auckland Park , 2006
PO Box 300 Auckland Park 2006
Tel 011 726 6171 Fax 011 726 6119
as the formal address (pursuant to Rule 11(1)) at which notice and service of all processes in these proceedings will be accepted.
AND TAKE FURTHER NOTICE that the legal advisor to the applicant to whom all communications should be addressed is
John J Smyth,QC PO Box 200, Umdloti, KZN 4350
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Tel and Fax 031-568-2521 Cell 083 653 8804
AND TAKE FURTHER NOTICE that if you intend opposing this application you are required
(a) to notify the above-named John J Smyth, legal advisor to the applicant, on or before the 28th day of February 2005
(b) within 15 days after you have so given notice of your intention to oppose the application to file your answering affidavit, if any; and further that you are required to appoint in such notification an address at which you will accept notice and service of all documents in these proceedings.
If no such notice of intention is given, the applicant will request the Registrar to place the matter before the Chief Justice to be dealt with in terms of rule 11 (4).
Dated at UMDLOTI, this day of February 2005
……… John J Smyth, Legal Advisor to the Applicant, (authorised to sign on behalf of the Applicant Company), Bahia Village, First Ave, Umdloti, 4350 and PO Box 200, Umdloti, KZN 4350 Tel & Fax 031-568- 2521 Ref: JJS
To: (1) The Speaker of the National Assembly (First Respondent) (2) The Chairperson of the NCOP (Second Respondent)
Both of: Parliament of South Africa PO Box 15
Cape Town 8000
(3) The Registrar of the Honourable Constitutional Court
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