r THe. - ConCourt Collections - Constitutional Court

(1)

R

s

A

aa-L

BieKONSTfTOSIOflEITHOri PRIVAATSAK/PRIVATE BAG X32

1997 -05- 0 5

BRAAMFONTglN 2017 REGISTRAR OF THE CONSTITUTIONAL COURT

Qf O&JecTtOKi £ CcT To

v^&STG-P.tNj

f RlGANJ M AT\ow A U COM O&j££S

, TUG T A & U C . i T ^ A S

cP SHsreN\-

S T I L L

Y

\jorcz rtie

OPWfbrJ IS

&r THe.

Or

— • * - - H-— ^ I- < V - * " H L

t

*\)

(2)

t A

Of- i-veovci^e AT <JC

^A- ^{.. ALCOHOL}

OF IS PRor.

A -KUrAAfO i)

(3)

THE REGISTRAR

CONSTITUTIONAL COURT PRIVATE BAG X 32

BRAAMFONTEIN 2017

FAX

TO:

YOUR FAX:

YOUR REFERENCE:

FROM:

OUR FAX:

OUR TELEPHONE:

OUR REFERENCE:

TOTAL PAGESMTHIS ONE INCLUDED)

£ Moos* WflGLfly/fensRsEN (pal) 6 < ^ - 1821

(011)403-6524 (011)403-8032 COT la) <n

5

MESSAGE:

THANK YOU

(4)

DATE/TIME JOURNAL NO.

COHM.RESULT = OK PAGES

FILE NO.

DURATION DDE

I.-

= UQ:ui'17

= XMT STATION NAME

TELEPHONE NO. = T 02ib971S2l RECEIVED ID = b?7 1S21

RESOLUTION = STANDARD

-THE CONSTITUTIONAL COURT

i-t-i.t;.t':Ci:i.:{ j-«*:ic,W:(.:( '*-.+ - G E N E R A L O F F I C E - .+ -+.:*: i -t - 4U3

(5)

THE REGISTRAR

BRAAMFONTEIN 2017

FAX

TO:

YOUR FAX:

YOUR REFERENCE:

FROM:

OUR FAX:

OUR TELEPHONE:

OUR REFERENCE:

TOTAL PAGES:<THIS ONE INCLUDED)

Coil) If o ^ - | > ^

(Oil) 403-6524 (011)403-8032

MESSAGE:

THANK YOU

(6)

i'*^t. -JOURNAL- tt'M.w.*w*.**WK DATE 30-AFR-1997 *.t.VM; TINE 09=41 rt

DATE/TIME JOURNAL NO.

CONN.RESULT PAGES FILE fiO.

DURATION MODE

STATION NAME TELEPHONE MO.

RECEIVED ID RESOLUTION

= 30-AFR 0y=4U

= OK

= 03

=

= QQ-QQ'59

= XMT

=

- T 4031

= 27114031764 - STANDARD

-THE CONSTITUTIONAL COURT -

-GENERAL OFFICE - 403 t:i'..t:•(.'!::; -I-

(7)

L

THE REGISTRAR

BRAAMFONTEIN 2017

FAX

TO:

YOUR FAX:

YOUR REFERENCE:

FROM:

OUR FAX:

OUR TELEPHONE:

OUR REFERENCE:

TOTAL PAGES:tTHis ONE INCLUDED)

02,1 2,6- X^IS*

•

(011)403-6524 (011)403-8032

3 ;

MESSAGE:

THANK YOU

(8)

D H T E > T I M E = 50

JOURNAL NO. = 27 COI-IM. RESULT = OK PAGES

FILE NO.

DURATION

•DDE

STATION NAME TELEPHul IE RECEIUED ID

RESOLUTION = STHNDHRE

= T Q21262911

-THE C G M S T I T U T I O U H L COURT -

+-r t. - G E ' I E R H L O F F I C E - .M:'fr.:H: - lj3 652L1-

(9)

L

THE REGISTRAR

BRAAMFONTEIN 2017

FAX

TO:

YOUR FAX:

YOUR REFERENCE:

FROM:

OUR FAX:

OUR TELEPHONE:

OUR REFERENCE:

TOTAL PAGES:(THis ONE INCLUDED)

S.R o%\

MART

KAHflNoVlTJL

Tie STPIHbEft

(011)403-6524 (Oil) 403-8032

C.-T* & left.

3 '

MESSAGE:

THANK YOU

(10)

t

+ ^Mt:Tw:tt.:(-).*:t-t4.t::^t.':^(:^: -JOURNAL- ^ W ' W W i m . l « DATE 30-APR-1997 *•+'* M TIME 10=29

DATE TIME = 30-APR 10:28 JOURNAL NO. = 31

COMM.RESULT = OK PAGES = 03 PILE NO.

DURATION = 00 = 01'51 MODE = XMT STATION NAME

TELEPHONE NO. = T 02L230935 RECEIVED ID = S21 230935

RESOLUTION = STANDARD

-GENERAL OFFICE - •i-Mi-JW - 403 b?20~

(11)

m . c -JOURNAL- M.f*-t.w>M-**f.t.* DATE 29-AUG-1997 -t:fj+^.r TIME

DATE/TIME = 2 9 - H U G 11 =-J2

JOURNAL NO. - 29 CONN.RESULT = OK PAGES = 02 FILE NO.

E'URAT I ON = 00:00' 58 MODE - XHT

STATION i-IAHE -

TELEPHONE NO. = T 0123411389 RECEI'ED ID = G 1 2 3411389

RESOLUTION " = STANDARD

m -THE COhlSTITUTIOflAL COURT -

U . Kf :i:* ft *J»'I f.;f:i:t:.t:M:41.W:f:f:M-.t:-(.:+:T:f^:t.(.^ - G E N E R A L O F F I C E - 'M^*-K - 4 0 3 6 5 2 0 - W i i |:! ' i 14 f

(12)

THE CONSTITUTIONAL COURT OF SOUTH AFRICA

30 April 1997 Fax: 02123-0936

S P Kahanovitz Legal Resources Centre P O Box 6227

CAPE TOWN 8000

Dear Sir

CERTIFICATION OF THE CONSTITUTION OF THE PROVINCE OF THE WESTERN CAPE CCT 6/97

Your letter dated 25 April 1997 has been referred to the President of Constitutional Court who has asked me to respond as follows:

Rule 16(4) confers a right of audience upon political parties represented in the provincial legislature in respect of proceedings for the certification of a provincial constitution. Directions given by the President of the Court make provision for this. However, neither the Constitution nor the rules of Court make provision for members of the public to be heard in connection with such proceedings.

In the proceedings for the certification of the constitution of the Republic of South Africa, which would become the supreme law of the land, the Court decided to invite members of the public who wished to do so, to make representations to it. It did not, however, call upon members of the public to make representations to it in respect of the certification of the constitution adopted by the legislature of the province of KwaZulu/Natal, nor did it do so in the directions given in the present matter, or in directions given in respect of bills referred to it by the national or provincial legislatures.

THE REGISTRAR OF THE CONSTITUTIONAL COURT

BRAAMPARK FORUM H, 33 HOOFD STREET, BRAAMFONTEIN, JOHANNESBURG 2017 PRIVATE BAG X 32, BRAAMFONTEIN 2017

TELEPHONE:: (Oil) 403 8032, FACSIMILE: ( 0 1 1 ) 403 6524.

(13)

Members of the public who wish to make representations to the Court in connection with such proceedings may apply to be admitted as an amicus curiae in terms of rule 9. Such an application has to be brought within the time prescribed by rule 9(5)(c), but that time can be extended in terms of rule 35 for "sufficient cause".

No application has been received for a postponement of the proceedings in the present matter, and in the absence of such an application, the matter will be dealt with on the 14th May 1997 in accordance with the directions given by the President of the Court.

Yours faithfully

M S STANDER REGISTRAR

cc: The State Attorney (Ref. S N Swart)

Cheadle Thompson & Haysom (Ref. Cheadle/Howard/Tshepe E Moosa Wagley Petersen (Ref. P Williams/S Hockey

(14)

LEGAL RESOURCES CENTRE

CAPE TOWN

Our Ref: SK/mc/3956/96/03

25 April 1997 .

The Registrar

Constitutional Court Per fax: {011)403-6524 JOHANNESBURG

Dear Madam

X32

3 9

RHAAMFONTEIN2017

Jjm?*D HE THE nmsf mmOHAL COURT

Eih Flooi

Gieenmnikflt Rac«

54 Shoamafk«t Cap* Town

Phone: (021) 23S26E Docex No. 64 Fax: 1021) 230935 E-mail: [email protected]

P.O. Box 6227 Capa Town 8000 South Africa

E WESTERN CAPE CERTIFICATION OF THE CONSTITUTION OF THE PROVINCE OF THE

We act on behalf of the Black Sash Trust-

The purpose of this letter is to inform you that we have just been instructed to launch an application to seek a postponement of the hearing of the certification of the constitution of the Province of the Western Cape. We write to you at the earliest opportunity to Inform you of this development. It will take us some time to launch the application but we believe that as a matter of courtesy we should let you know this as soon as possible so that the court can be informed of this intended application. We will at the same time inform the speaker of the Western Cape legislature of this development so that he can inform the parties in that parliament of the development.

The basis on which we are instructed to bring the application is briefly the following:

1 Our client had participated in some of the earlier deliberations regarding this intended constitution. It received the draft constitution as published in the Provincial Gazette of 6 December 1996 which contained options being discussed by the legislature at that stage. It thereafter awaited a further and final copy of the constitution being the one passod by the Western Cape legislature but it was not forthcoming. We have only yesterday learnt that the constitution presented to the court for certification (which matter is to be heard on 14 May 1997), was never intended to be publicly

NATIONAL OmCCi CAM TOW;

DUKBAN:

6 ifajtAk fNttcfid I b f t i ) . OK Gddo&syi (Dtptny N*bort*J DsccuO. C c & k a (Ca*ufentX FN K<nS>df«, OB K*4 MA MCdKihk (DowofX MR Chrtiy. TO Nkoa. «J Pw»bo*m. 1 5 « w l

CM f U w (D»fow).C. Hkwn, JC CoftMA. I Mj»» *C

mnoMA; KB M o i A t ( S m e i o j . KH ft V A a » , 0 OJOuv MJ Miafcl

WM -ftCTgovc SC (DifTrtoiX C B u n SC, f K*&TM. P Mfchndm*, If *****

i. HO11INC A D E \ X L O P M I M O H : HJ bwtfi dhfetw.)

(15)

circulated until after the certification. In this regard we attach for your attention a copy Of the covering note reflecting the limited nature of the circulation of this constitution issued by the Standing Committee on Constitutional Affairs of the Western Cape Parliament. Our client has intended throughout to lodge objections to the certification but this non- availability of the final version meant that they were unable to consider the final version of the constitution with their organisation and now may not be able to do so in time for the hearing.

2 We further submit that it is not only our client that is prejudiced by this non circulation of this extremely important statute but we also believe that it is in the public interest that the certification debate should not go ahead until the public has an opportunity of viewing this intended constitution more broadly and until the public is invited to lodge objections. We note that while the directions issued by the court under CCT6/97 Invite political parties to lodge objections this invitation with attendant deadlines is still to be extended to the public - and we would submit that such an invitation is in the public interest. Our client believes that the process may well have infringed certain of their rights and rights of their members and are concerned by what appears to be a failure on the part of the legislature to respect, protect, promote and fulfill these rights. We have advised them that the procedure being followed here differs substantially from that followed in the course of the certification of the Constitution of the Republic of South Africa Act 108 of 1996.

In all of the above circumstances we have received the instruction referred to above to seek a postponement of the certification. As we believe that the other parties may well concur with this suggestion we have circulated this letter to the Speaker and we would appreciate it if through your good offices the possibility of a postponement could be agreed upon in advance of 14 May 1997. If that is indeed achieved then directions could be issued for other parties to also lodge their objections and we would be able to avoid having to launch the application referred to above.

We await to hear from you.

Yours faithfully

LEGAUteSOURCES CENTRE

ANOV1TZ

(one!)

- • " . - - - : - i t r - v » ? i i T " ( " ? ~ ' ' ' '

(16)

% , S u a n d e Komhee cor Staatkurtdigc Sake Posbui 648 Ksapsud 8000

Tel. (021) 463-3852 Faks: (021)483-3921

Enquiries Tel no.

Date

WESKAAP PROViNSlE WESTERN CAP£ PROVINCE IPHONDO LENTSHONA KOLOK'l

Standing CommiUee on Constiiutional Affairs PO Box 648

Cape Town 8000

Ttl (021) 483-3852 Fax (021) 483-3921

Picrri* Ooslhuize

"28 February 1997

TO ALL MEMBERS OF THE LEGISLATURE

PROVINCIAL CONSTITUTION

I attach copies of the Constitution of the Western Cape as passed by the Legislature on 21 February 1997.

The Law is subject to certification by the Constitutional Court, which process has already been put in motion. Thereafter the Premier must assent to and sign the text and then it will be published in both the national Government Gazette and the Provincial Gazette. It will take effect on publication or on a later date which may be determined.

COMMITTEE Cl

STANDING COMknTEE ON

CONSTITUTIONAL AFFAIRS,

LOCAL GOVERNMENT AND HOUSING

TOTAL .003 *. *.

(17)

THE REGISTRAR

BRAAMFONTEIN 2017

FAX

TO:

YOUR FAX:

YOUR REFERENCE:

FROM:

OUR FAX:

OUR TELEPHONE:

OUR REFERENCE:

TOTAL PAGES:rrHis ONE INCLUDED)

6 U t £ fltbcrrwu : S Ky Suoarfc

(011)403-6524 (011)403-8032

S

MESSAGE:

GRIFFIER VAN DiE KONSTfTUSIONELE HOF PR1VAATSAK/PRIVATE BAG X32

1997 -03- 0 6

BRAAMFONTEIN 2017 REGISTRAR OF THE COMSTITUTIONAL COURT

THANK YOU

(18)

.f'fr* - J O U R N A L " *:*M:.f.y,t:*.t.*.:(:**t.f D A T E L)b-('1flR-13y7 TIME 10 = 54

BATE/TIME

JOURNAL MO.

GOI'IM. R E S U L T

PAGES FILE MO.

DURATION MODE

STATION NAME TELEPHONE NO.

RECEIUED ID RESOLUTION

= 06-MAR 1Q:52

= 20 - OK - Ob

«• 00:02'21

= XMT

=

= T 02126291=

= STANDARD

•m>

- I J E N E F A L OFFICE - *+ ±" K* - U3 b52U

(19)

THE REGISTRAR

BRAAMFONTEIN 2017

FAX

TO:

YOUR FAX:

YOUR REFERENCE:

FROM:

OUR FAX:

OUR TELEPHONE:

OUR REFERENCE:

T O T A L PAGES:(THIS ONE INCLUDED)

ffWstcv WWl rOooso,

WVttW Stoadcr (011)403-6524 (011)403-8032

car \o\on

MESSAGE:

r-picnra VAH nif KQWST1TUS10NEIE HOP PRIVAATSAK/PRIVATE BAG X32

1997 -03- 0 6

i

BRAAMFONTEIN 2017 WMCTBM OF THE COHSTITUTIONAL COURT

THANK YOU

(20)

>t';f:^ -JOURNAL- fwy**:r*;ti:f**M< * DATE Q6-MAP-1997 wxx.v TIME 10=48 ;('*-M

DATE/TIME

JOURNAL no.

CONN. RESULT P H G E S

FILE NO.

DURATION NODE

RECEIVED ID RESOLUTION

= Uta-HHR lu:45

= 19

= Ok

= 0b

m

= 00:02'40 - XNT

=

= T 0123411389

= 012 3411389

= STANDARD

-THE CONST I T U T I O N H L COURT -

*.t';f:M . (/):;+;+ •M.t.c.|::W U»t 41:! -f -GENERAL OFFICE - 483 6520-

(21)

THE REGISTRAR

BRAAMFONTEIN 2017

TO:

YOUR FAX:

YOUR REFERENCE: • FROM:

OUR FAX:

OUR TELEPHONE:

OUR REFERENCE:

TOTAL PAGES:(THIS ONE INCLUDED)

& K\ f — ~~T V \

*"> V^s* *—' ~ v J W Q r- 111 i .

(011)403-6524 (011)403-8032

S

MESSAGE:

THANK YOU

(22)

* > • • > * * •

.l"i:^ -JOURNAL- ( : * * + * . ( ; * * t:**;*-** DATE 0 6 > - M H R - 1 9 3 7 * * * * * TIME 1 0 = 4 1 **:t:i'.t :f.t<i*-f:

D H T E ' T I M E JOURNAL NO.

CONN.RESULT PAGES F I L E I-IO.

DURATION MODE

RECEIVED IEi RESOLUTION

= 06-MftR 10=33 - 13

- OK - 0 6

=

= 0 0 = 0 2 ' 2 7

= XHT

=

= T 0214484150

= ftllCI-IESTEPIICftPE

= STHNDHRD

-THE C O N S T I T U T I O N H L COURT -

MERHL ^' ^ :; - -f w f r -

(23)

THE REGISTRAR

BRAAMFONTEIN 2017

FAX

TO:

YOUR FAX:

YOUR REFERENCE:

FROM:

OUR FAX:

OUR TELEPHONE:

OUR REFERENCE:

T O T A L PAGES:<THIS ONE INCLUDED)

^(Tv2 5paatcy '. IMP Ooror\ £sq/

(011)403-6524 (011)403-8032

MESSAGE:

S G I L KCNSTiTUSIONELE HOF PRIVAATSAK/PRIVATE BAG X32

1997 -03- 0 6

BRAAMFONTEIN 2017 REGISTRAR OFTHE CONSTITUTIONAL COURT

THANK YOU

(24)

CONSTITUTEONftL 'COURT

; FILECS) ERASED 'PILE FILE TYPE OPTION

TRANSMISSION

TEL NO:

021483471b

PAGE RESULT G5 OK

ERRORS

1) HHNG UP OR LINE F H I L 2"' BUS1 JO flNSlCR 'ACSIHILC CONNECTION

(25)

CqJLe 7 . T o Uo

Pow

3

^™

LEGAL &ACADEMIC PUBLISHING

HEAD OFFICE: (021)797-5101 FAX: (021)797-0121 JOHANNESBURG TEL: ( o n ) 392-4040 FAX: (011)974-8624 ZIMBABWE (09623) 68-3398 FAX: (09623) 68-2644

(26)

THE REGISTRAR

BRAAMFONTEIN 2017

FAX

TO:

YOUR FAX:

YOUR REFERENCE:

FROM:

OUR FAX:

OUR TELEPHONE:

OUR REFERENCE:

TOTAL PAGES:(THis ONE INCLUDED)

PeXcs UOiUiciMS

\ McuW S bcund cr (011)403-6524 (011)403-8032 OCT[ t o h l

MESSAGE:

THANK YOU

(27)

FILE MODE MEMORY TX

* * * PILE RESERVE REPORT ( 6.MPR.1997 15:54 ) * * * TTI

P. 1

OPTION ADDRESS (GROUP)

0216971821

PfiGE P. 3

(28)

nh\INDMDU\CON20001 F1L(3).DOC

IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA

In re:

CERTIFICATION OF CAPE

GRIFHER VAN DIE KONSTTTUSIONELE HOF

PRIVAATSAK/PRIVATE BAG X32

1997 -03- 2 0

BRAAMFONTE1N 2 0 1 7

4

CASE NO. CCT 6/97

PROVINCE OF THE WESTERN

FILING SHEET

PRESENTED HEREWITH FOR FILING:

1. A certified copy of the President's minutes authorising the Minister of Provincial Affairs and Constitutional Developments to act on behalf of the Government of the Republic of South Africa.

DATED AT JOHANNESBURG ON THIS THE 20th DAY OF MARCH 1997.

TO: THE REGISTRAR

CONSTITUTIONAL COURT BRAAMFONTEIN

CHEAOLE THOMPSON & HAYSOM Attorneys for the Government of the Republic of South Africa

7th Floor, Braamfontein Centre 23 Jorissen Street

BRAAMFONTEIN, 2017 Tel: (011)403-2765

Fax: (011)403-1764

Ref: Cheadle/Howard/Tshepe

(29)

81/172488 (Z19E)

PRESIDENT'S MINUTE NO.

3

By virtue of the authority vested in me by section 85 of the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996) I hereby authorise the Minister for Provincial Affairs and Constitutional Development, Mr Mohammed Valli Moosa, to assume responsibility in regard to the representation of the Government of the Republic of South Africa in the matter of In Re: Certification of the

Constitution of the Province of the Western Cape, 1997 Case No.

CCT6/97, and to issue the necessary instructions and take the necessary steps in this regard.

Given under my Hand and the Seal of the Republic of South Africa at

.(Z^t^ff^S^r^rs on this X&. day of .Jt^\a-KO^... One

thousand Nine hundred and Ninety-seven.

MINISTER OF THE CABINET

Certified a true copy of the original President's Minute No. 81 of 18/03/97 and that no amendments have been made thereto.

Gert Johannes Gerwel Director General Office of the President

Commissioner of Oaths (Ex Officio)

Date: Place:

(30)

For distribution to:

c

Justice Chaskahon Justice Mahomed Justice Ackenr.ar_"i Justice Didcoit justice Goldstcr.e Justice Kriegler Justice Langa Justice Madala Justice Mokgoro Justice

Justice Sachs

Jfl.

J

GRIfflER VAN DIE KONSTTTUSlONEif HQF

PRIVAATSAK/PRIVATE BAG X32

1997 -03- 1 9

BRAAMFQNTEIN 2 0 1 7

REGISTRAR Of THE CONSTITUTIONAL COURT

TJ-3 RZGJSTSAR Or TKZ CONSTITUTION.AX

^FCROrJ,J3HOOFDS7MtT.SR.^C.a'ONTI):.t.JCHA.VN

? . W A " : 3AC \* :•:, Hs.A-o*.rcNT£iN :;•]«

TttErxc-NE:: >K) -:? r::-:. r.«.c;::.::ir: (031) -;? f ?:-'.