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IN THE CONSTITUTIONAL COURT (OF SOUTH AFRICA)

CCT CASE NUMBER : CCT1/2016 SCA CASE NUMBER: 20781/2014 HCGD CASE NUMBER: 29677/13

In the matter between:

NATIONAL COUNCIL OF SOCIETIES FOR THE

PREVENTION OF CRUELTY TO ANIMALS (‘NSPCA’) Appellant (Applicant in the Court a quo)

and

MINISTER OF JUSTICE AND CONSTITUTIONAL First Respondent DEVELOPMENT (1st Respondent in the Court a quo)

NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS Second Respondent (2nd Respondent in the Court a quo)

NOTICE OF MOTION

BE PLEASED TO TAKE NOTICE that application will be made to the above Honourable Court, to be heard together with the Appeal noted in the above Honourable Court, on behalf of the abovenamed Applicant for an order in the following terms:

1. The late filing of the Heads of Argument.

2. Costs only in the event of opposition.

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3. Further and/or alternative relief.

KINDLY TAKE NOTICE FURTHER that the affidavit of JANE ELIZABETH MARTSTON and annexures thereto will be used in support of the application for condonation.

TAKE NOTICE FURTHER that if you intend opposing this application, you are required:

(a) To notify the Applicant’s attorneys in writing on or before 3 June 2016.

(b) And within 15 (fifteen) days after you have given notice of your intention to oppose the application, to file your Heads of Argument.

If no such notice of intention to oppose be given, the application will be made on the day of the hearing of the Appeal.

DATED AT SANDTON ON THIS THIS 25TH DAY OF MAY 2016

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_______________________

MARSTON & TALJAARD Applicant’s Attorneys

1st Floor The Bridle Hunts End 38 Wierda Road West Wierda Valley Sandton Ref;Ms Marston/rf/

Tel: 011 783 6775

AND TO:

THE STATE ATTORNEYS Respondents Attorneys SALU Building

316 Thabo Sehume Street PRETORIA

Ref: Mr S Zulu/3364/2013/Z76/FN c/o THE STATE ATTORNEY 12th Floor

North State Building

95 Market Street (Cnr Kruis Street) JOHANNESBURG

Tel: 011 330 7600 Ref: Mr K Lekabe

RECEIVED COPY HEREOF ON THIS THE DAY OF MAY 2016

______________________________

RESPONDENTS’ ATTORNEYS

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