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IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA CONSTITUTIONAL COURT CASE NO: CCT 31/09
HIGH COURT OF SOUTH AFRICA (WITWATERSRAND LOCAL DIVISION) CASE NO: 08/17815
In the matter between:
JOHNSON MATOTOBA NOKOTYANA AND
OTHERS LISTED ON ANNEXE A Applicants and
THE EKURHULENI METROPOLITAN MUNICIPALITY Respondent
SUPPLEMENT TO FOUNDING AFFIDAVIT
I, the undersigned, Moray Howard Hathorn
do hereby make oath and say that : INTRODUCTION
1. I am an adult male. I am an attorney of this Honourable Court practicing at Webber Wentzel, Johannesburg, the applicants' attorneys of record.
2. The contents of this affidavit are within my personal knowledge except where the context indicates the contrary.
3. I am the attorney to the applicants in this matter and am duly authorised to make this affidavit.
4. I wish to clarify two aspects of the founding affidavit of Mandlenkosi Sikosana.
4.1 At paragraph 19 of the judgement of his Lordship Mr Justice Epstein, handed down on 24 March 2009, it is stated that there is 'provision of water,
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refuse removal and the pit latrines …'. In so far as his His Lordship thereby intimates that the Respondent has made provision of pit latrines to the occupiers of the Harry Gwala informal settlement he errs. It is common cause that the pit latrines have been dug and made by the applicants themselves, and have received no assistance whatsoever from the respondent in this regard.
4.2 I was responsible for drafting the founding affidavit of Mandlenkosi Sikosana.
Paragraph 16.15 contains a typing error in the fourth line thereof. The words 'does not constitute' should be deleted and replaced by the word 'constitutes'.
______________________
Signed and sworn to before me at on 2009, the deponent having acknowledged that the deponent knows and understands the contents of this affidavit.
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Commissioner of Oaths
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