IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA HELD AT BRAAMFONTEIN
Case Number:
In the matter between:-
PROVINCIAL GOVERNMENT:
NORTH WEST PROVINCE First Applicant
THE DIRECTOR GENERAL:
OFFICE OF THE PREMIER Second Applicant
and
TSOGA DEVELOPERS CC First Respondent
WANDILE BOZWANA Second Respondent
EUGENE PEYPER ATTORNEYS Third Respondent
THE SHERIFF OF THE HIGH COURT:
MAHIKENG Fourth Respondent
HEAD OF DEPARTMENT:
NORTH WEST DEPARTMENT OF PUBLIC WORKS Fifth Respondent HEAD OF DEPARTMENT:
NORTH WEST DEPARTMENT OF HEALTH Sixth Respondent HEAD OF DEPARTMENT:
NORTH WEST DEPARTMENT OF FINANCE Seventh Respondent
NOTICE OF APPLICATION FOR LEAVE TO APPEAL
KINDLY TAKE NOTICE that the applicants hereby apply for an order in the following terms:
1 That the applicants be granted leave to appeal directly to this Court against the order of Her Ladyship Acting Justice Madam Djadje, sitting in the North West High Court, Mahikeng, such order being delivered on Monday, 4 May
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2015.
2 In the event that the Court decides to set either the application for leave to appeal or the appeal itself down for hearing, that the Court convenes the hearing on an urgent basis in terms of Rule 12 of the Rules of this Court and issues directions regarding the filing of heads of argument on an expedited basis.
3 That an order be issued that the first respondent and their attorneys of record are in contempt of court for executing upon the writ of execution issued by the third respondent in 16 March 2015 in an amount of R30 476 839.71 in circumstances where the validity of that writ is the subject matter of a pending application for leave to appeal before this Court and a pending review application before the North West High Court, Mahikeng.
4 That the funds attached and executed upon in terms of the writ of execution issued by the third respondent in 16 March 2015 in an amount of R30 476 839.71 be returned forthwith pending the outcome of the application for leave to appeal.
5 That the costs of this application be the costs in the appeal.
6 That further and/or alternative relief be granted.
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TAKE NOTICE FURTHER that the affidavit of TEBOGO JOB MOKGORO the Acting DG: in the Office of the Premier of the Northwest Province, together with the attachments thereto will be used in support of this application.
TAKE NOTICE FURTHER that the applicants have appointed the address of their attorneys of record, Werksmans Inc, which address is set out hereinafter as the address at which they will accept notice and service of all documents and process in these proceedings.
TAKE NOTICE FURTHER that if any of the respondents intend opposing this application they are required to:
(a) File a notice of intention to oppose and answering affidavit within ten (10) days of receipt of the application for leave to appeal;
(b) Appoint in such notification an address at which they will accept notice and service of all documents and process in these proceedings;
(c) If no such notice of intention to oppose is given, the applicants will request the Registrar to place the matter before the Chief Justice to be dealt with in terms of Rule 11(4).
(d) Comply with the aforesaid time period so as to give the applicant an opportunity to file its replying affidavit, if any, by a date agreed upon between the parties.
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KINDLY PLACE THE MATTER ON THE ROLL FOR HEARING
DATED at SANDTON on this the 15th day May 2015.
WERKSMANS ATTORNEYS Applicants Attorneys
155- 5th Street Sandown Sandton, 2196
Tel: (011) 535 8163 Fax: (011) 535 8663
Ref: Mr S July/DEPA4772.13
TO: THE REGISTRAR OF
THE ABOVE HONOURABLE COURT (Braamfontein)
AND TO: PEYPER ATTORNEYS
1st,2nd & 3rd Respondent's Attorneys Dynarc House
200 Nelson Mandela Avenue Bloemfontein
9301
Tel: 051 444 2256 Fax: 051 444 2250
AND TO: THE SHERIFF OF THE HIGH COURT Mr SE Monare
AND TO STATE ATTORNEY: MAHIKENG 4th , 5th & 6th Respondent's Attorneys Head of Office: Mr JF Zwiegelaar Tel : 018 381 0669
Fax : 018 381 1615 Justice Chambers
44 Shippard Street , Mahikeng
