IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA
CASE NO: CCT 19/07 In the application of:
THE MINISTER OF JUSTICE AND CONSTITUITIONAL
DEVELOPMENT Applicant
and
DINGAAN HENDRIK NYATHI Respondent
In re:
DINGAAN HENDRIK NYATHI Applicant
and
THE MEMBER OF THE EXECUTIVE COUNCIL
FOR HEALTH, GAUTENG First Respondent
THE MINISTER OF JUSTICE AND CONSTITUITIONAL
DEVELOPMENT Second Respondent
NOTICE OF MOTION
BE PLEASED TO TAKE NOTICE that the applicant intends making application on MONDAY, 1 JUNE 2009 at 09h00 as soon thereafter as counsel may be heard for an order in the following terms:
1. Dispensing with the forms and service provided in the rules and granting the applicant leave to launch this application as one of urgency as contemplated in rule 12;
2. Varying paragraph 92.2 the order of 2 June 2008 as follows:
“The declaration of invalidity is suspended to 31 May 2010 to allow Parliament to pass legislation that provides for the effective enforcement of court orders”.
3. In the alternative to paragraph 2 above, extending the period of 12 months in paragraph 92.2 of the order of 2 June 2008 pending the finalization of the relief claimed in paragraph 2 above alternatively pending a date determined by this honourable court.
4. Costs of the application only in the event of the application being opposed.
5. Granting to the applicant further and/or alternative relief.
TAKE FURTHER NOTICE that the accompanying affidavit of MENZI SIMELANE together with annexures thereto will be used in support hereof.
KINDLY place the matter on the roll accordingly.
SIGNED at PRETORIA on this 29th day of MAY 2000.
____________________________
THE STATE ATTORNEY, PRETORIA ATTORNEYS FOR THE APPLICANT
c/o The State Attorney, NORTH STATE BUILDING,
95 MARKET STREET, CNR KRUIS STREET, JOHANANNESBURG Ref.: Mrs. T. PILLAY
TO: THE REGISTRAR
CONSTITUTIONAL COURT OF SOUTH AFRICA
AND TO: ADELE VAN DER WALT ATTORNEYS Attorney for the Applicant
330 ARIES STREET WATERKLOOF RIDGE PRETORIA
Ref.: A VAN DER WALT/lo/AS0784
AND TO: THE LAW SOCIETY OF THE NORTHERN PROVINCES 123 PAUL KRUGER STREET
PRETORIA
AND TO: THE SOCIETY OF ADVOCATES NORTH GAUTENG HIGH COURT PRETORIA
AND TO: THE SOCIETY OF ADVOCATES SOUTH GAUTENG HIGH COURT JOHANNESBURG
