CCT Case No.: 13/13 WCHC Case No: 21600/12 In the matter between:
MINISTER OF POLICE First Applicant
NATIONAL COMMISSIONER OF THE SOUTH AFRICAN
POLICE SERVICE Second Applicant
THE PROVINCIAL COMMISSIONER OF THE SOUTH AFRICAN POLICE SERVICE FOR THE WESTERN CAPE
Third Applicant
THE CIVILIAN SECRETARIAT FOR THE POLICE SERVICE
COLONEL M F REITZ
Fourth Applicant Fifth Applicant
BRIGADIER Z DLADLA Sixth Applicant
COLONEL TSHATLEHORABOLIBA Seventh Applicant and
THE PREMIER OF THE WESTERN CAPE First Respondent
THE MEMBER OF THE EXECUTIVE COUNCIL FOR
COMMUNITY SAFETY, WESTERN CAPE Second Respondent
THE CITY OF CAPE TOWN Third Respondent
THE HON. JUSTICE CATHERINE O’REGAN N.O. Fourth Respondent ADV VUSUMZI PATRICK PIKOLI N.O. Fifth Respondent THE SECRETARY TO THE COMMISSION Sixth Respondent
ADV T SIDAKI Seventh Respondent
WOMEN’S LEGAL CENTRE SOCIAL JUSTICE COALITION
Eighth Respondent Ninth Respondent
SUPPORTING AFFIDAVIT
I, the undersigned,
LEON JAMES MANUEL,
make oath and state the following:
1. I am a duly admitted attorney, employed as a senior assistant in the offices of the State Attorney, the Applicants’ attorney of record in this matter, with offices at 22 Long Street, Cape Town. I am duly authorised to depose to this affidavit on the Applicants’ behalf.
2. The contents of this affidavit are within my personal knowledge, unless the context indicates otherwise, and are true and correct. Where I refer to information conveyed to me by others, I state the source of such information, which I verily believe to be true and correct.
3. The purpose of this in limine application is to seek condonation for the late filing of Applicants’ amended written submissions, as required under practice directions issued by the Honourable Mr Chief Justice Mogoeng Mogoeng on 8 July 2013.
4. In terms of the aforesaid directions, the parties were required to agree on the set of record to be referred to before this Honourable Court, and to file amended written submissions to reflect this agreement to the extent reference to the record is made. The Honourable Mr Chief
Justice Mogoeng Mogoeng directed that the parties file such amended written submissions by Monday, 15 July.
5. Before dealing with the facts pertinent to this application for condonation, I point out that the papers before this Honourable Court comprise the following:
5.1. A 12-volume record, made up of the papers in the Applicants’
application for leave to appeal and/or direct access. Volumes 1 – 10 comprise the Applicants’ founding papers, to which were annexed affidavits and certain annexures, which originally served before the Western Cape High Court (the “WCHC”).
Volumes 11-12 contain the papers filed by the various Respondents in answer to the application for leave to appeal and/or direct access. A subsequent affirmation, deposed to by the secretary of the Commission (Ms Dissel), should accompany these volumes.
5.2. A 19-volume record, comprising extracts from the papers, which served before the WCHC. The Applicants originally filed 14 volumes, which sought to exclude some of these papers on the basis that they lacked sufficient relevance for purposes of the application before this Honourable Court. However, following objections from various Respondents, the Applicants filed a further 5 volumes on 17 April 2013, to include such previously
omitted portions of the papers before the WCHC (viz. volumes 15 – 19).
6. In accordance with the directions of 8 July, the parties agreed to the following arrangement to avoid any duplication in the papers before the Court:
6.1. The 19-volume record is to remain as is, given that it constitutes the most comprehensive version of the papers before the WCHC.
6.2. The 12-volume application for leave to appeal and/or direct access is to be replaced with a truncated version, made up of 2 volumes to supplement the aforesaid 19-volume record (viz.
Supplementary Volumes 1 and 2).
7. The aforesaid arrangement was considered necessary, in light of the fact that neither record contained all the papers to be considered by this Honourable Court.
8. Unfortunately, despite the parties’ respective best efforts, a final agreement on the revised record could only be reached on Monday, 15 July 2013. This was due to fact that counsel representing the various parties were away during recess. Moreover, once an agreement on the revised record was finalised, it was necessary to compile, paginate and
index the two supplementary volumes. Only once the supplementary volumes were finalised, could the parties make the necessary amendments to their respective written submissions.
9. It is my understanding that copies of the supplementary volumes, together with copies of Applicants’ amended written submissions will be filed with this Honourable Court during the course of the morning on Wednesday, 17 July 2013.
10. I respectfully submit that the reasons for the delay in filing amended written submissions, whilst regrettable, may serve as a basis for this Honourable Court to exercise its discretion to condoning late compliance with the directions of 8 July 2013.
___________________________
LEON JAMES MANUEL
I certify that:
1. the deponent acknowledged to me that:
1.1 he knows and understands the contents of this declaration;
1.2 he has no objection to taking the prescribed oath;
1.3 he considers the prescribed oath to be binding on his conscience;
2. the deponent thereafter uttered the words, “I swear that the contents of this declaration are true, so help me God”;
3. the deponent signed this declaration in my presence at the address set out hereunder on this 16th day of JULY 2013.
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