IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA
CC CASE NO: _________
SCA CASE NO: 440/2011 LCC CASE NO: LCC145/2010
In the matter between :
MICHAEL HATTINGH First Applicant
EDWINA JUNITA HATTINGH Second Applicant
PIETER HATTINGH Third Applicant
and
LAURENCE EDWARD JUTA Respondent
NOTICE OF APPLICATION IN TERMS OF RULES 19 AND 31
TAKE NOTICE THAT –
A. The applicants apply to this Court for orders –
(1) Granting leave to appeal against paragraphs 1 and 2 of the order of the Supreme Court of Appeal handed down in the above matter on 30 May 2012;
(2) Admitting for purposes of the application for leave to appeal and the appeal itself, should leave be granted –
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a. the statistical evidence referred to in the affidavit of Dr Deborah Budlender; and
b. the statistical evidence referred to in the affidavit of Professor Acheampong Yaw Amoateng; and
c. the official statistics concerning the housing backlog in the Western Cape Province, attached as annexure “MH2” to the affidavit of Marion Hattingh,
in terms of rule 31 of the rules of this Court.
(3) Setting aside the order of the Supreme Court of Appeal dated 30 May 2012; and
(4) Replacing the order of the Supreme Court of Appeal with the following order :
“1. The appeal is upheld;
2. The order of the Land Claims Court dated 30 March 2011 is set aside and the following is substituted in its place :
(a) The appeal is dismissed.
(b) There is no order as to costs.”
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3. Granting such further or alternative relief as this Court may deem fit.
4. Making no order as to costs.
B. The affidavits of Marion Hattingh, Deborah Jean Budlender and Acheampong Yaw Amoateng will be used in support of the application.
C. If you intend opposing the application you must within 10 days from the date of lodging of this application respond to the application in writing, indicating whether or not the application for leave to appeal is being opposed, and if so, the grounds for such opposition.
D. You may respond to the evidence referred to in paragraphs (2)(a) – (c) above so as to admit, deny, controvert or elaborate upon the facts, as contemplated in rule 31(2) of the Rules of this Court.
SIGNED and DATED at STELLENBOSCH on this day of JUNE 2012
__________________________
UNIVERSITY OF STELLENBOSCH LAW CLINIC
Applicants’ Attorneys [details to be inserted]
Ref.: MH/H05/LSP50288
c/o LEGAL RESOURCES CENTRE 15th
20 Albert Street
Floor Bram Fischer Towers Marshalltown
JOHANNESBURG 2000
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TO :
THE REGISTRAR OF THE CONSTITUTIONAL COURT Constitution Hill
Braamfontein Johannesburg AND TO :
BOUWER POTGIETER INC Respondent’s Attorneys 120 Main Road
Strand
Ref: BDP/HS/J173 Tel: (021)853-1838
