SPECIAL POWER OF ATTORNEY
In the Constitutional Court of South Africa
252
In the matter of
BRUCE ROBERT SANDERSON
versus
THE ATTORNEY-GENERAL: EASTERN CAPE
Appellant
Respondent
I, the undersigned,
BRUCE ROBERT SANDERSON
do hereby grant full Power of Attorney to ALBERT BEYLEVELD of the firm of attorneys LOON & CONNELLAN INCORPORATED of PORT ELIZABETH and/or any of the directors of such firm, and/or any of the partners of the firm of attorneys CHEADLE THOMPSON AND HAYSOM of JOHANNESBURG with power of substitution, to be my true and lawful Attorney(s) and Agent(s) in my name, place and stead, to act on my behalf in the proceedings in the Constitutional Court in an application for Leave to Appeal to the above Court and, if necessary, to act on my behalf and to do all things necessary as to prosecute an Appeal in the event of Leave to Appeal being granted by the above Court. The application for Leave to Appeal and, if successful, the Appeal, is in connection with a judgment which was handed down by his Lordship Mr Justice Ludorf in the South Eastern Cape Local Division of the Supreme Court under Case Number 2718/96 on Friday, 6 December 1996 dismissing my application against the Respondent for a stay of criminal proceedings instituted by the Respondent against me.
Given under my hand at PORT ELIZABETH this 10th day of December 1996, in the presence of the undersigned witnesses.
WITNESSES
2.
BRUCE ROBERT SANDERSON
IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA
In the matter between:
GRIFFIER VAM DIE KOaSTTIUSIOMEU HO_F PRIVAATSAK/PR1VATE BAG X32
1997 -05- 2 0
BRAAMFONTEIN 2017 REGISTRAR OF THE COHSTITUTIOHAL COURT
fofoi
CASE NO: CCT/97 A
BRUCE ROBERT SANDERSON Appellant (Applicant a quo)
and
THE ATTORNEY GENERAL - EASTERN
CAPE Respondent(Respondent a quo)
RESPONDENT'S RESPONSE TO APPELLANT'S APPLICATION FOR LEAVE TO APPEAL: RULE 18 (h)
BE PLEASED TO TAKE NOTICE that the abovenamed Respondent responds
herewith to Appellant's application for leave to appeal, response being in terms of the provisions of Rule 18(h) of the Rules of the above Honourable Court, the appeal being against the decision of His Lordship the Honourable Mr Justice LUDORF under Case
No. 2718/96 in the High Court of South Africa, South Eastern Cape Local Division and now reported as Sanderson v Attorney General - Eastern Cape 1997 (1) All S A 242 (EC).
The Respondents do hereby indicate that the parties concerned do not consent to leave to appeal being given and opposes herewith the application for leave to appeal.
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The grounds of the opposition are as follows:
1. the Respondent alleges that it is required of an accused (Appellant) to show that he had suffered actual or real prejudice as a result of an unreasonable delay in bringing the matter to trial after the date he had first been charged. The Respondent avers that the fact that there may have been unreasonable delay is not sufficient reason to find that the Appellant is entitled to relief;
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V 2. the Respondent avers that the Appellant must show actual prejudice which does not necessarily follow from the fact merely that there was or has been an unreasonable delay;
-235
3. the Respondent avers that there rests a duty upon the Applicant to assert that the fundamental right to a speedy trial prior to being entitled to seek a stay at such trial on a permanent basis;
4. the Respondent avers that there is no reason to believe that the Constitutional Court will give leave to the Appellant to appeal against the decision of His Lordship Mr Justice LUDORF having regard to the fact that on all the facts and circumstances and even assuming that there was an unreasonable delay (which is not admitted) the Applicant suffered no real prejudice took no steps to enforce his right to a speedy trial and having regard to all the factors which must be weighed in an application such as this, had no prospects of success on appeal.
In the premises. Respondent humbly prays that the application for leave to appeal be refused.
DATED AT PORT ELIZABETH THIS 1 6TH DAY OF MAY 1997.
STATE ATTORNEY Attorney for Respondent PROCURATOR HOUSE 1 BIRD STREET CENTRAL PORT ELIZABETH
6001
REF. NO. 2991/96/V
W *
TO: THE REGISTRAR
CONSTITUTIONAL COURT BRAAMPARK FORUM 2 33 HOEFT STREET BRAAMFONTEIN 2001
AND TO: LOON & CONNELLAN INC.
Attorneys for Appellant 4 CAPE ROAD
PORT ELIZABETH (Ref. Dr. A. Beyleveld)
FOR THE PURPOSE OF SERVICE:
C/0 CHEADLE THOMPSON & HAYSOM 8TH FLOOR
BRAAMFONTEIN CENTRE 23 JORRISSEN STREET BRAAMFONTEIN
2001
(Ref. M H Cheadle/Sandra Palmer)
•zo- ^cui
RECEIVED WITHOUT PREJUDICE CHEADLE THOMPSON
