IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA
Case number: CCT 22/15
In the matter between:
NTHOME STEVE MATHALE Applicant
and
JULY ANSON ZENZELE LINDA First Respondent
EKURHULENI METROPOLITAN
MUNICIPALITY Second Respondent
FOUNDING AFFIDAVIT
APPLICATION FOR CONDONATION OF LATE FILING OF WRITTEN SUBMISSIONS ON BEHALF OF APPLICANT
I, the undersigned,
TARISAI MUGUNYANI do hereby make oath and state that:
1. I am an adult female candidate attorney completing my articles at Lawyers for Human Rights, located at the Kutlwanong Democracy Centre, 357 Visagie Street Pretoria, Gauteng Province. My principal is Louise Du Plessis, the attorney of record in this matter, and I have served articles under her supervision for the past two years.
2. The facts contained herein are to the best of my knowledge and belief both true and correct. The facts also fall within my personal knowledge save where the contrary appears from the content or context.
3. As my principal, Ms du Plessis, is in the Northern Cape consulting with clients I have been requested to ensure compliance with the above Honourable Court’s directives dated 14 July 2015. I have worked closely with Ms du Plessis on this matter and am aware of the facts and circumstances pertaining to the currently pending litigation. Ms du Plessis is aware of this application.
4. In terms of the above Honourable Court’s directives dated 14 July 2015 the applicant was directed to file his written submission on 30 July 2015.
5. Our counsel, who has agreed to assist the Applicant in this matter, had indicated the written submissions would be ready by 10:00 am Thursday, 30 July 2015.
Unfortunately, due to circumstances beyond our control, our counsel’s inexperience before the above Honourable Court and subsequent mis- estimation of the time required to draft the necessary written submissions, the written-submission were received too late to make the necessary copies, and serve and file within the timelines stipulated.
6. The late filing of the written submissions was not deliberate and despite our best efforts could not be filed in accordance with the Directives of the above Honourable Court dated 14 July 2015.
7. In light of the above difficulties I addressed correspondence to the parties in this matter and informed them of the delay. I attach a copy of this correspondence hereto as annexure “A”. Further, a scanned copy of the written submissions was emailed to the affected parties prior to formal service so as to ensure a minimum delay in their receipt of the written submissions and any potential prejudice.
8. In the light of the above and the delay of only one day it is submitted that the Respondents have suffered no significant prejudice with regard to the late filing of the written submissions.
Thus sworn and signed at Pretoria on this the 31ST day of July 2015.
___________________________
DEPONENT
THUS SIGNED AND SWORN TO at _____________________________ on this ____________day of July 2015 the deponent having acknowledged that the deponent knows and understands the contents of this affidavit, that the deponent has no objection to taking the prescribed oath, that the oath which the deponent has taken in respect thereof is binding on the deponent’s conscience, and that the contents of this affidavit are both true and correct.
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COMMISSIONER OF OATHS
