IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA
Case Number:
SCA Case Number: 965/2013
In the matter between:
THE MINISTER OF HOME AFFAIRS Applicant
and
ABDUL RAHIM First Respondent
HOSSAIN KAMAL Second Respondent
ZAKIR HOSSAIN Third Respondent
HARUN MOHAMMED Fourth Respondent
MOHAMMED SALA UDDIN Fifth Respondent
ABDUL SHAMOL Sixth Respondent
MAHBUB ALOM Seventh Respondent
TOYOBUR RAHMAN Eighth Respondent
SUMAN CHUDHURY Ninth Respondent
MUSTAFI GURRAMAN Tenth Respondent
EUNICE HAYFORD Eleventh Respondent
ZAIUR RAHMAN Twelfth Respondent
MD ALAP Thirteenth Respondent
NORUL ALOM Fourteenth Respondent
MAHE MINTU Fifteenth Respondent
NOTICE IN TERMS OF RULE 19(4)(a) and 19(5)(a)
BE PLEASED TO TAKE NOTICE that the Respondents, pursuant to Rule 19(4)(a), oppose the Applicant’s Application for Leave to Appeal on the grounds set out in the accompanying affidavit of MOHAMMED IMRAAN PETERSEN.
BE PLEASED TO TAKE FURTHER NOTICE that the Respondents, pursuant to Rule 19(5)(a) apply for an order in the following terms:
1. That leave to cross-appeal be granted.
2. That the order granted by the Supreme Court of Appeal relating to quantum of the damages (paragraph 2 of the substituted order) be replaced with an order in the following terms:
2.1. The Applicant is ordered to pay damages to the Respondents as follows:
2.1.1. To the First Respondent an amount of R400 000.00, together with interest thereon, at the rate of 15.5% per annum until the date of full and final payment thereof;
2.1.2. To the Second Respondent an amount of R350 000.00, together with interest thereon, at the rate of 15.5% per annum until the date of full and final payment thereof;
2.1.3. the Third Respondent an amount of R200 000.00, together with interest thereon, at the rate of 15.5% per annum until the date of full and final payment thereof;
2.1.4. To the Fourth Respondent an amount of R250 000.00, together with interest thereon, at the rate of 15.5% per annum until the date of full and final payment thereof;
2.1.5. To the Fifth Respondent an amount of R300 000.00, together with interest thereon, at the rate of 15.5% per annum until the date of full and final payment thereof;
2.1.6. To the Sixth Respondent an amount of R250 000.00, together with interest thereon, at the rate of 15.5% per annum until the date of full and final payment thereof;
2.1.7. To the Seventh Respondent an amount of R500 000.00, together with interest thereon, at the rate of 15.5% per annum until the date of full and final payment thereof;
2.1.8. To the Eighth Respondent an amount of R350 000.00, together with interest thereon, at the rate of 15.5% per annum until the date of full and final payment thereof;
2.1.9. To the Ninth Respondent an amount of R500 000.00, together with interest thereon, at the rate of 15.5% per annum until the date of full and final payment thereof;
2.1.10. To the Tenth Respondent an amount of R400 000.00, together with interest thereon, at the rate of 15.5% per annum until the date of full and final payment thereof;
2.1.11. To the Eleventh Respondent an amount of R400 000.00, together with interest thereon, at the rate of 15.5% per annum until the date of full and final payment thereof;
2.1.12. To the Twelfth Respondent an amount of R500 000.00, together with interest thereon, at the rate of 15.5% per annum until the date of full and final payment thereof;
2.1.13. To the Thirteenth Respondent an amount of R575 000.00, together with interest thereon, at the rate of 15.5% per annum until the date of full and final payment thereof;
2.1.14. To the Fourteenth Respondent an amount of R500 000.00, together with interest thereon, at the rate of 15.5% per annum until the date of full and final payment thereof;
2.1.15. To the Fifteenth Respondent an amount of R175 000.00, together with interest thereon, at the rate of 15.5% per annum until the date of full and final payment thereof.
3. That the Applicant be ordered to pay the costs of the Application for Leave to Appeal as well the costs of the cross-appeal.
DATED at PORT ELIZABETH on this the 17TH day of JULY 2015.
McWILLIAMS & ELLIOTT INC
Per:
Respondents’ Attorneys
c/o MOODIE & ROBERTSON ATTORNEYS 4th Floor
222 Smit Street Braamfontein Johannesburg Tel: (011) 403 5171 Fax: (011) 403 1946
E-mail: [email protected] Ref: C Walters/nr/M305719
To: THE REGISTRAR OF THE ABOVE HONOURABLE COURT
And
To: STATE ATTORNEY 29 Western Road, Central PORT ELIZABETH
Tel: 041 585 7921 (Ref: Ms Leone Hart)
