SCA Case Nos. 386 / 2017 North Gauteng High Court Case No

IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA

Case No:

SCA Case Nos. 386 / 2017

North Gauteng High Court Case No: 41487 / 2014

In the matter between:

NOKULUNGA PRIMROSE SONTI First Applicant SOCIO-ECONOMIC RIGHTS INSTITUTE

OF SOUTH AFRICA Second Applicant

and

THE MINISTER OF POLICE First Respondent THE NATIONAL DIRECTOR OF PUBLIC

PROSECUTIONS Second Respondent

THE DIRECTOR OF PUBLIC

PROSECUTIONS, NORTH WEST PROVINCE Third Respondent THE MINISTER OF JUSTICE AND CORRECTIONAL

SERVICES Fourth Respondent

NOTICE OF MOTION

PLEASE TAKE NOTICE THAT the applicants apply to this Court for an order-

1 Confirming paragraph 3 (i) of the order of the Supreme Court of Appeal, in Moyo v The Minister of Justice and Constitutional Development &

others (387/2017); Sonti v The Minister of Justice and Correctional Services & others (386/2017) [2018] ZASCA 100 (20 June 2018);

2 Directing any party opposing this application to pay the applicants’ costs.

3 Further and/or alternative relief.

TAKE NOTICE FURTHER THAT the affidavit of PALESA ROSE MADI, together with the annexures thereto, will be used in support of this application.

TAKE NOTICE FURTHER that if any party intends opposing this application you are required to:

a) notify the Applicants’ attorney in writing within 5 (five) days and to appoint in such notice an address at which you will accept notice and service of all process in these proceedings;

b) within 15 (fifteen) days after you so given notice of your intention to oppose the application, to file your answering affidavit (s), if any.

TAKE NOTICE FURTHER that if no notice of intention to oppose is given, the Applicants hereby request the Registrar to place the matter before the Chief Justice to be dealt with in terms of Rule 11(4).

DATED AND SIGNED AT JOHANNESBURG ON THIS DAY OF JULY 2018

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CENTRE FOR APPLIED LEGAL STUDIES (CALS) Applicants’ Attorneys 1^st Floor, DJ Du Plessis Building West Campus University of Witwatersrand JOHANNESBURG 2001 Tel: 011 717 8651 Fax: 011 717 1702 Ref: ROL/0039/PM Email: palesa.madi@wits.ac.za Lubabalo.mabhenxa@wits.ac.za

TO: THE REGISTRAR OF THE CONSTITUTIONAL COURT JOHANNESBURG

AND TO: THE MINISTER OF POLICE First Respondent

C/O THE STATE ATTORNEY (PRETORIA) SALU Building

316 Thabo Sehume Street PRETORIA

REF: Mr Eben Snyman TEL: 012 309 1628 FAX: 086 507 0293

C/O STATE ATTORNEY (JOHANNESBURG) 12th Floor, North State Building

95 Market Street (Corner Kruis Street) JOHANNESBURG

TEL: 011 330 7600 / 7602 FAX: 011 333 4856

AND TO: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS Second Respondent

Victoria & Griffiths Mxenge Building

123 Westlake Avenue (Corner Hartley Street) Weavind Park

Silverton PRETORIA REF:

TEL: (012) 845 6000 FAX:

AND TO: THE DIRECTOR OF PUBLIC PROSECUTIONS, NORTH WEST

Megacity Complex East Gallery (2^nd floor) 3139 Sekame Road MMABATHO

REF:

TEL: (018) 381 9001

FAX: (012) 8431005

AND TO: THE MINISTER OF JUSTICE AND CORRECTIONAL SERVICES Fourth Respondent

C/O THE STATE ATTORNEY (PRETORIA) SALU Building

316 Thabo Sehume Street PRETORIA

REF: Mr Eben Snyman

EMAIL: ebsnyman@justice.gov.za TEL: 012 309 1628

FAX: 086 507 0293

C/O STATE ATTORNEY (JOHANNESBURG) 12th Floor, North State Building

95 Market Street (Corner Kruis Street) JOHANNESBURG

REF: Sharon Greef

EMAIL: sbgreef@npa.gov.za TEL: 011 330 7600 / 7602 FAX: 011 333 4856