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PDF In the Constitutional Court of South Africa

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(1)

IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA

CCT CASE NO: 136/12 In the application of:

SOUTHERN AFRICA LITIGATION CENTRE

Applicant

To be admitted as amicus curiae in the matter of:

MAIL AND GUARDIAN MEDIA LIMITED First Applicant INDEPENDENT NEWSPAPERS (PTY) LIMITED Second Applicant

MEDIA 24 LIMITED Third Applicant

and

M J CHIPU N.O. (CHAIRPERSON

OF THE REFUGEE APPEAL BOARD) First Respondent

KREJCIR, RADOVAN Second Respondent

MINISTER OF HOME AFFAIRS Third Respondent

AFFIDAVIT CONFIRMING CONSENT TO BE ADMITTED AS AMICUS CURIAE

(2)

2 I, the undersigned,

DAVEN DASS

state under oath as follows:

INTRODUCTION

1. I am an adult male attorney practicing at the University of the Witswatersrand Law Clinic, 1 Jan Smuts Avenue, Braamfontein, Johannesburg. I am the Applicant’s attorney of record in this application and authorised to depose to this affidavit.

2. The allegations in this affidavit are true and correct and, save where the context indicates to the contrary, are within my personal knowledge.

CONSENT

3. On 20 March 2013, the applicant’s attorneys of record requested the written consent of all the parties to the admission of the Southern African Litigation Centre (“SALC”) admission as amicus curiae. Parties were requested to respond by 25 March 2013 at 10h00. A copy of this letter is attached marked “DD1”.

4. On 22 March 2013 the first, second and third applicants consented to SALC’s request. A copy of the letter of consent is attached marked “DD2”.

(3)

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5. The second respondent consented to SALC’s request on 24 March 2013. A copy of this letter of consent is attached marked “DD3”.

6. On 25 March 2013, the applicant’s attorneys of record addressed further correspondence to the State Attorney requesting a response regarding SALC’s request for admission as amicus. A copy of this letter is attached marked “DD4”.

7. On 25 March 2013, the State Attorney telephonically advised Alicia Raymond, a candidate attorney at the Wits Law Clinic, that the first and third respondents have consented to SALC’s participation as amicus curiae and that a letter of consent would be supplied in the due course. The confirmatory affidavit of Alicia Raymond is attached marked “DD5”.

8. On 26 March 2013, the State Attorney provided written consent per email. A copy of the email is attached marked “DD6”.

9. I respectfully submit that written consent has been obtained from all parties.

__________________

DAVEN DASS

(4)

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I certify that the above affidavit was signed and sworn to at before me on this the day of MARCH 2013 by the deponent after she declared that she knew and understood the contents of this affidavit, that she had no objection to taking the prescribed oath which she regarded as binding on her conscience, and after she uttered the words: “I swear that the contents of this affidavit are true, so help me God”.

______________________________________

COMMISSIONER OF OATHS Full names:

Address:

Capacity:

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