IN THE CONSTITUTIONAL COURT OF SOUTH AFTRICA
Case no. 226 /2015 NGHC Case no 36600/11
In the matter between:
EKURHULENI METROPOLITAN MUNICIPALITY Applicant
(Defendant a quo)
and
GERMISTON MUNICIPAL RETIREMENT FUND Respondent (Plaintff a quo)
RESPONDENT’S ANSWERING AFFIDAVIT IN APPLICATION FOR LEAVE TO APPEAL
I,
JACOBUS JOHANNES JACOBS
state the following under oath:
1. I am a practicing attorney trading under the name and style of Len Dekker
& Associates, 41 Elephant Street, Cnr Rhenoster Street, Monument Park, Pretoria. We are the Respondents attorney of record in this matter.
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2. An application for leave to appeal to the Constitutional Court was served by the Applicant’s attorneys of record on our offices on Monday the 23rd of November 2015.
3. In terms of the Notice of Motion the Respondent was afforded 10 (ten) days to serve an opposing affidavit.
4. On the 7th of December 2015 at exactly 14:50 Ms. Melissa Nel a candidate attorney in our employ served the filing notice and opposing affidavit on the Applicant’s attorneys of record. A copy of the filing notice indicating the time of service is attached hereto marked Annexure “A”.
5. After the said service she used her GPS navigation system to find the address of the Constitutional Court and unfortunately it took her to the wrong place, although it indicated that it will take her to the Court in Queen Street, Johannesburg.
6. When she found that she is in the wrong place she immediately called the Registrar of the Constitutional Court being Mr. Dumisani Matiba and confirmed that she is on her way and that she will in all probability be there at exactly 15h30 to file our client’s opposing affidavit.
7. Mr Matiba confirmed that it is in order and that he will wait 5 (five) minutes for her, if need be, in order to file the Respondent’s opposing affidavit.
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8. Ms Nel arrived at the Constitutional Court at exactly 15h30 and found that the Registrar’s office was already closed. A confirmatory affidavit by Ms.
Nel is attached hereto marked Annexure “B”.
9. In the circumstances we submit that our client’s opposing affidavit was duly served and timeously submitted for filing in terms of the Honourable Court’s Rules and hereby humbly request that the Court accept the opposing affidavit for filing.
___________________________
DEPONENT
THUS SIGNED AND SWORN TO before me at ___________________on this the ____________ day of _______________________________________2015 by the deponent who acknowledges that he knows and understands the contents of this affidavit; that it is the truth to the best of his knowledge and belief and that he has no objection to taking the prescribed oath and regards the same as binding on his conscience and the administration of the oath complied with the Regulations contained in Government Gazette No. R1258 of 21 July 1972, as amended.
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COMMISSIONER OF OATHS
