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

KINDLY TAKE NOTICE that Application is made to the above Honourable Court for

an order in the following terms:

1. That the late filing of the application for the confirmation of the order of constitutional invalidity in terms of Rule 16(4) in Nokulunga Primrose Sonti and Another // Minister of Police and Others is hereby condoned;

2. Costs awarded only in the event of parties opposing the application for condonation; and

3. Further and alternative relief.

KINDLY TAKE FURTHER NOTICE that the affidavit of PALESA ROSE MADI will be used in support of this application.

KINDLY TAKE FURTHER NOTICE if you intend on opposing this application you are required to:

(a) Notify the applicant’s attorneys in writing by 17h00 , Monday, 16 July 2018 of your intention to oppose;

(b) To file your answering affidavit by 15h30 , Wednesday, 18 July 2018 and (c) Appoint an address to which you will accept notice and service of all

documents in these proceedings.

Take notice finally that if no notice of intention to oppose is given, the Registrar will be required make a decision on this application without any further notice.

__________________________________________

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: (012) 804 7335

AND TO: THE DIRECTOR OF PUBLIC PROSECUTIONS, NORTH WEST

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

REF: Adv Smit TEL: (018) 381 9001 FAX: (012) 8431005

C/O THE DIRECTOR OF PUBLIC PROSECUTIONS, PRETORIA

Prudential Building 28 Church Square PRETORIA

Ref: Adv Baloi

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