PDF In the Constitutional Court of South Africa

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Case No.:

In the matter between:

THE ECONOMIC FREEDOM FIGHTERS First Applicant UNITED DEMOCRATIC MOVEMENT Second Applicant CONGRESS OF THE PEOPLE Third Applicant

and

THE SPEAKER OF THE NATIONAL ASSEMBLY First Respondent PRESIDENT JACOB GEDLEYIHLEKISA ZUMA Second Respondent

NOTICE OF APPLICATION IN TERMS OF RULES 11 AND 18

TAKE NOTICE THAT the applicants intend to make application to this Court on a date to be arranged with the Registrar for the following orders:

1 Declaring that this application falls within the exclusive jurisdiction of this Court in terms of section 167(4)(e) of the Constitution,

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alternatively granting the applicants direct access in terms of rule 18 of the Rules of the Constitutional Court

2 Declaring that the first respondent has failed to put all appropriate mechanisms and processes in place to hold the second respondent (“the President”) accountable for violating the Constitution in failing to implement the report of the Public Protector dated 19 March 2014.

3 Declaring that the first respondent has failed in her duty to apply her mind and/or to scrutinise the violation of the Constitution by the President in the course of his failure to implement the report of the Public Protector dated 19 March 2014.

4 Declaring that the first respondent’s failures, set out in paragraphs 2 and 3 above, infringe sections 42(3), 48 and/or 55(2) read with sections 1(c) and 1(d) of the Constitution.

5 Directing the first respondent to put the requisite processes and mechanisms in place to hold the President accountable for his conduct (and failures) arising from, and incidental to, the report of the Public Protector dated 19 March 2014, including processes and mechanisms to enquire into and determine whether and to

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what extent the President’s violations of the Constitution and/or other conduct satisfied the requirements of section 89(1) of the Constitution.

6 Directing the first respondent to convene a committee of Parliament and/or any other appropriate independent mechanism, to conduct an investigation into the conduct of the President and, in particular, whether, by any act and/or omission, the President has made himself guilty of an offence or inability which would warrant the exercise of the powers of Parliament, in terms of section 89(1) of the Constitution.

7 Directing the first respondent to report to this court, within 30 days of the order, on affidavit on what steps she has taken in compliance with paragraphs 5 and 6 above.

8 Any further and/or alternative relief in terms of section 172(1)(b) of the Constitution.

9 Ordering the respondents to pay the costs of this application, including the costs of three counsel, only in the event of the filing of the notice to oppose.

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TAKE NOTICE THAT the accompanying founding affidavit of Julius Sello Malema, together with annexures thereto and confirmatory affidavits will be used in support of this application.

TAKE FURTHER NOTICE THAT if you intend to oppose the relief sought in this notice motion, you are required:

(a) within 10 days, to deliver a notice to the applicant’s attorneys that you intend to oppose and in such notice appoint an address within 25 kilometres of the office of the Registrar of this Honourable Court at which you will accept notice and service of all processes and affidavits in these proceedings;

(b) within 15 further days, to deliver any affidavit that you may desire in answer to the allegations made by the applicant, together with any relevant documents.

TAKE FURTHER NOTICE that the first applicant has appointed Kwinana & Partners Inc, at the address set out below, as the address in terms of rule 11(1)(b) at which it will accept service of all notices and process in these proceedings.

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TAKE FURTHER NOTICE that the second and third applicants have appointed Mabuza Attorneys, at the address set out below, as the address in terms of rule 11(1)(b) at which it will accept service of all notices and process in these proceedings.

TAKE FURTHER NOTICE that if no notice of intention to oppose is received, application will be made after the expiry of the period set out above, on a date to be determined by the Registrar, for an order as set out above.

DATED at JOHANNESBURG on this day of MARCH 2017

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KWINANA & PARTNERS INC First Applicant’s Attorneys 119 First Avenue Fairland, 2195 JOHANNESBURG Tel: 011 057 1016 Fax: 086 561 7741 Cell: 073 967 5238 email: [email protected]/ [email protected]

Ref: Mr T Kwinana

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MABUZA ATTORNEYS Second and Third Applicants’ Attorneys 1st Floor 83 Central Street Houghton, 2198

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Tel: 011 483 1508 Fax: 011 728 0145 Cell: 082 561 1067 email: [email protected] Ref: Mr ET Mabuza

TO:

THE REGISTRAR OF THE CONSTITUTIONAL COURT BRAAMFONTEIN

AND TO:

THE SPEAKER OF THE NATIONAL ASSEMBLY First Respondent

c/o THE STATE ATTORNEY 10^thfloor

North State Building

95 Market (cor Kruis) Street JOHANNESBURG

2001

Tel: 011 330 7600 Fax: 086 587 1152

Email:[email protected] Private Bag X9

Docex 688

JOHANNESBURG 2000

Ref: Mr Vijay Dhulam

Received a copy hereof this _____ day of March 2017

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For First Respondent

“ALSO SERVICE BY SHERIFF”

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AND TO:

PRESIDENT JACOB GEDLEYIHLEKISA ZUMA Second Respondent