IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA
CONSTITUTIONAL COURT CASE NO:
SCA CASE NO: 671/11 HIGH COURT CASE NO: CC02/10 In the matter between:
FRANK NABOLISA Applicant
(Second Appellant in the SCA) (Accused 2 in the Court a quo)
and
THE STATE Respondent
NOTICE OF MOTION
TAKE NOTICE that FRANK NABOLISA (“the Applicant”) intends to make application to the above Honourable Court for an Order in the following terms:-
a) That the Applicant is granted leave to appeal to this Court against his conviction, of having dealt in drugs in contravention of Section 5(b) of the Drugs and Drug Trafficking Act 140 of 1992, which conviction was
Page 2
confirmed by the Supreme Court of Appeal and against the increase of his sentence from 12 to 20 years handed down under Supreme Court of Appeal case number 671/11 on 1 October 2012.
b) Further and/or alternative relief.
TAKE NOTICE FURTHER that the accompanying affidavit deposed to by the Applicant will be used in support of this application.
TAKE NOTICE FURTHER that the Applicant has appointed the address of his attorneys, Shaun Hamilton Attorneys, of 140 Milner Avenue, Roosevelt Park, Johannesburg, at which address the Applicant will accept notice and service of all process and documents in these proceedings.
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 the 6th day of November 2012; and
(b) within 15 (fifteen) days after you have so given notice of your intention to oppose the application, to file your answering affidavit, if any, and further that you are required to appoint in such notification an address at which you will accept notice and service of all documents in these proceedings.
Page 3
If no such notice of intention to oppose is given, the Applicant will request the Registrar to place the matter before the Chief Justice to be dealt with in terms of Rule 11(4).
DATED at JOHANNESBURG on this the 19th day of OCTOBER 2012
SHAUN HAMILTON ATTORNEYS Applicant’s Attorneys
140 Milner Avenue ROOSEVELT PARK P O Box 7252
WELTEVREDENPARK 1715
Tel: (011) 782-6820 Fax: (011) 782-3485
e-mail: [email protected] Ref: Mr S Hamilton
TO:
The Registrar of the Constitutional Court 1 Hospital Street Constitutional Hill BRAAMFONTEIN Johannesburg
Fax: (011) 339-5098
e-mail: [email protected]
AND TO:
THE STATE Respondent VGM Building
123 Westlake Avenue Weavind Park
SILVERTON Pretoria
Page 4
AND TO:
THE DIRECTOR OF
PUBLIC PROSECUTIONS KWAZULU NATAL
High Court Building 301 Church Street PIETERMARITZBURG
Ref: Senior State Advocate I P Cooke Tel: (033) 845-4430
Fax: (033) 394-8884
e-mail: [email protected]
AND TO:
NGUBANE AND PARTNERS INC
Attorneys for the First Appellant in the SCA Suite 502, Southern Life House
88 Joe Slovo Street P O Box 1800 DURBAN 4000
Tel: (031) 305-1118/305-1974 Fax: (031) 305-1120
Docex 360 DURBAN
e-mail: [email protected]
