CC CASE NO:
In the matter between:
STEPHEN SEGOPOTSO TONGOANE First Applicant PHAHLELA JOAS MUGAKULA Second Applicant MORGAN MOGOELELWA Third Applicant RECKSON NTIMANE Fourth Applicant and
THE NATIONAL MINISTER FOR AGRICULTURE AND LAND AFFAIRS First Respondent
THE NATIONAL MINISTER FOR PROVINCIAL
& LOCAL GOVERNMENTSecond Respondent
THE PREMIER OF EASTERN CAPE Third Respondent THE PREMIER OF FREE STATE Fourth Respondent THE PREMIER OF GAUTENG Fifth Respondent
THE PREMIER OF KWAZULU-NATAL Sixth Respondent THE PREMIER OF MPUMALANGA Seventh Respondent THE PREMIER OF NORTHERN CAPE Eighth Respondent THE PREMIER OF LIMPOPO Ninth Respondent
THE PREMIER OF NORTH WEST Tenth Respondent THE PREMIER OF WESTERN CAPE Eleventh Respondent
THE SPEAKER OF THE NATIONAL ASSEMBLY Twelfth Respondent THE CHAIRPERSON OF THE NATIONAL
COUNCIL OF PROVINCES Thirteenth Respondent
THE NATIONAL HOUSE OF TRADITIONAL Fourteenth Respondent LEADERS
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NOTICE OF APPLICATION IN TERMS OF RULE 11
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TAKE NOTICE THAT -
A The applicants intend to make application to this Court, simultaneously with the applications between the same parties in terms of rules 19 and 16(4) arising from the proceedings in the North Gauteng High Court (NGHC case no: 11678/2006), for an order –
1. Condoning, to the extent necessary, the form of notice employed in respect of the Respondents;
2. Declaring that Parliament failed to comply with its constitutional obligation to facilitate public involvement before passing the Communal Land Rights Act No. 11 of 2004, as required by sections 59(1)(a) and 72(1)(a) of the Constitution;
3. Declaring that the Communal Land Rights Act No. 11 of 2004 was, as a consequence, adopted in a manner that is inconsistent with the Constitution and is therefore invalid;
4. Granting such further or alternative relief as this Court may deem fit;
5. Directing the respondents to pay the costs of the application.
B The affidavits of Stephen Tongoane and Jacobus Willem Pienaar will be used in support of the application.
C If you intend opposing the application you must:-
1. Notify the applicants’ attorneys in writing at the undermentioned addresses on or before [insert date]; and
2. within 15 days after you have so given notice of your intention to oppose the application, file your answering affidavit, if any; and
3. appoint in such notification an address at which you will accept notice and service of all documents in these proceedings.
D If no such notice of intention to oppose is given before the date referred to in C1, the applicants will request the Registrar to place the matter before the Chief Justice to be dealt with in terms of rule 11(4).
E The First, Third and Fourth Applicants have appointed the offices of the Constitutional Litigation Unit of the Legal Resources Centre at 9th Floor, Bram Fischer House, 25 Rissik Street, Johannesburg and the Second Applicant has appointed Webber Wentzel Bowens, c/o Constitutional Litigation Unit of the Legal Resources Centre at 9th Floor, Bram Fischer House, 25 Rissik Street, Johannesburg as the address at which the
applicants will accept notice and service of all process in these proceedings.
SIGNED at JOHANNESBURG on this day of 2009
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LEGAL RESOURCES CENTRE 1st, 3rd and 4th Applicants’ Attorneys 9th Floor Bram Fischer House 25 Rissik Street
Johannesburg PO Box 9495 Johannesburg 2000
Tel: (011)836 9831 Fax: (011)834 4273
Ref: Tembeka Ngcukaitobi [email protected]
WEBBER WENTZEL BOWENS 2nd Applicant’s Attorneys
10 Fricker Road Illovo Boulevard Illovo
Tel: (011) 530 5539 Fax: (011) 530 6539
Ref: Mr M Hathorn/1431044/M10 C/O
LEGAL RESOURCES CENTRE 9th Floor Bram Fischer House 25 Rissik Street
Johannesburg PO Box 9495 Johannesburg 2000
Tel: (011)836 9831 Fax: (011)834 4273
Ref: Tembeka Ngcukaitobi [email protected]
TO: THE REGISTRAR OF THE CONSTITUTIONAL COURT Constitution Hill
Johannesburg
AND TO: THE STATE ATTORNEY, PRETORIA Attorneys for the 1st to 11th & 14th Respondents Old Mutual Centre
8th Floor 167 Andries Street Pretoria
Ref: Mr D Molusi Tel: (012) 309 1503 Fax: (012) 328 2662/3
AND TO: THE STATE ATTORNEY, CAPE TOWN Attorneys for the 12th and 13th Respondent Liberty Life Building
22 Long Street Cape Town
