Notice of Application to Intervene - ConCourt Collections

(1)

CONSTITUTIONAL COURT OF SOUTH AFRICA

CASE NO. CCT 28/06

In the matter between:

BOBBY-LEE BELL Intervening Party

In re:

MARK GORY Applicant

and

DANIEL GERHARDUS KOLVER N.O. 1^st Respondent

HENRY HARRISON BROOKS 2^ndRespondent

MARYKE BROOKES 3^rd Respondent

LAEEQUE EYSSEN 4^th Respondent

MOGAMAT SEDICK EYSSEN 5^th Respondent

MASTER OF THE HIGH COURT 6^th Respondent

MINISTER OF JUSTICE & CONSTITUTIONAL DEVELOPMENT 7^th Respondent

NOTICE OF APPLICATION FOR INTERVENTION

(2)

2

BE PLEASED TO TAKE NOTICE THAT Bobby-Lee Bell, the above-named intervening party, hereby conditionally applies, in the event of the Application for Intervention dated 24 July 2006 under this case number being granted, for leave to intervene in the matter of GORY v KOLVER N.O. & OTHERS on such conditions as this Court may direct in order to:

(1) make submissions and direct argument before this Honourable Court in respect of the constitutional invalidity of Section 1(1) of the Intestate Succession Act 81 of 1987; and

(2) the retrospectivity of any order this Honourable Court may make in relation thereto.

AND TAKE FURTHER NOTICE THAT the Affidavit of BOBBY-LEE BELL will be used in support of this Application.

AND TAKE FURTHER NOTICE THAT the intervening party has appointed the address of his attorneys of record MORKEL DE VILLIERS C/O MOODIE &

ROBERTSON at the address set out below at the address at which he will accept notice and service of all further documents in these proceedings.

DATED AT JOHANNESBURG ON THIS DAY OF AUGUST 2006

_________________________

MORKEL & DE VILLIERS C/O MOODIE & ROBERTSON Intervening Party’s Attorneys 9th Floor, 209 Smit Street BRAAMFONTEIN, 2001 Tel: (011) 403 - 5171 Fax: (011) 403 – 4669 e-mail: [email protected] Ref: Mr C Beckenstrater / pt/ M127715

(3)

3

TO: THE REGISTRAR OF THE

ABOVE CONSTITUTIONAL COURT CONSTITUTIONAL HILL

AND TO: NICHOLLS, CAMBANIS & ASSOCIATES Applicant’s Attorneys

80 Jan Smuts Avenue Saxonwold

JOHANNESBURG (Ref: C H Cambanis) Tel: (011) 646-1042 Fax: (011) 646-7532

SERVICE BY TELEFAX

AND TO: DANIE KOLVER INC

First Respondent’s Attorneys 1910 SAAU Building

Cnr Schoeman & Andries Streets PRETORIA

(Ref: B252)

Tel: (012) 322-0025 Fax: (012) 322-0049

SERVICE BY TELEFAX

AND TO: MEINTJIES & PETZER INC

Second & Third Respondents’ attorneys 368 Bosman Street

PRETORIA

(Ref: Mr Meintjies / M2346) Tel: (012) 323-1778 Fax: (012) 323-1781

SERVICE BY TELEFAX

AND TO: THE STATE ATTORNEY

Sixth & Seventh Respondents’ Attorneys 8^th Floor, Old Mutual Centre

167 Andries Street PRETORIA

(Ref: TTT/AF 4733/2005/Z50) Tel: (012) 309-1528

Fax: (012) 328-9294 SERVICE BY TELEFAX

AND TO: MR MERVYN SMITH ATTORNEYS Executor of Mr W Starke’s Estate C/O MINDE SHAPIRO & SMITH Tyger Valley Office Park

Building No. 2

Cnr Willie van Schoor & Old Oak Roads BELLVILLE

(4)

4

Tel: (021) 918-9000 Fax: (021) 918-9090

SERVICE BY TELEFAX

AND TO:

ERILDA STARKE, SHARON BEZUIDENHOUT, JANINE STARKE & HEIDI POOL

First to Fourth Intervening Parties to Application For Intervention dated 24 July 2006

SMIT TABATA BUCHANAN BOYCE ATTORNEYS 3^rd Floor, Southern Life Centre

Riebeek Street CAPE TOWN (Ref: Colin Traub) Tel: (021) 406-9100 Fax: (021) 419-7909

C/O SMIT TABATA BUCHANAN BOYCE ATTORNEYS 269 Oxford Road

Entrance in Harries Street Illovo

JOHANNESBURG Tel: (011) 778-0653 Fax: 086 619 9950 (Ref: Ms Lorica Elferink) SERVICE BY TELEFAX