THE CONSTITUTIONAL COURT

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THE CONSTITUTIONAL COURT

CCT 15/98

TO:NETTELTONS

Attorneys for the Applicant 118A High Street

GRAHAMSTOWN

Reference: Mr De la Harpe Fax:0461-27197

TO: MESSRS FLUXMAN RABINOWITZ-RAPHAELY WEINER ATTORNEYS Attorneys for the Respondent

33 Baker Street ROSEBANK

Reference: S Shoot/10351.LTR/S101/58248/LBH Fax: Oil -880 2261

AND TO: NEVILLE BORNMAN & BOTHA Attorneys for the Respondent

Milbarn Centre OffHigh Street Grahamstown Ref: Mr Philipson.

Fax: (046) 622-7885

DIRECTIONS IN TERMS OF RULE 15 IN THE MATTER OF SM JOOSTE (APPLICANT) AND SCORE SUPERMARKETS (PTY) LTD (RESPONDENT)

The following directions have been given by the President of the Constitutional Court.

1. The application to confirm the order made on 30 July 1998 in the Eastern Cape Division of the High Court by the Honourable Mr Justice Zietsman in terms of which section 35 of the Compensation for Occupational Injuries and Diseases Act No. 13 of 1993 was

BRAAMPARK FORUM H, 33 H O O F D STREET, BRAAMFONTEIN, JOHANNESBURG 2017 PRIVATE BAG X 32, BRAAMFONTEIN 2017

TELEPHONE: Direct (031)359-7458 or Switchboard (011) 403 - 8032, FACSIMILE: (Oil) 403-6524 E - MAIL: [email protected]

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declared to be inconsistent with the Constitution and accordingly invalid, is set down for hearing before the Constitutional Court on 10 November 1998.

2. The record will consist of the application for confirmation already lodged by the respondent with the Registrar of the Constitutional Court.

3. The applicant is required to lodge written argument with the Registrar of the Constitutional Court in support of the application for confirmation by not later than 30 September 1998.

4. If the respondent wishes to oppose the application for confirmation it shall advise the Registrar of the Constitutional Court of its intention to do so by not later than 11 September 1998, and shall lodge written argument with the Registrar in support of its contentions by not later than 16 October 1998.

5. The arguments to be lodged shall address the following questions as well as the merits of the dispute:

a) Should the Minister of Labour have been joined as a party to the proceedings.

b) Is this a matter in which evidence may be relevant, and if so, can it be decided without hearing evidence?

6. The applicant is required forthwith to serve a copy of the application for confirmation of the order made by the Honourable Mr Justice Zietsman, and a copy of these directions, on the Minister of Labour, and to lodge proof of such service with the Registrar of this Court by not later than 11 September 1998.

7. The Minister of Labour is given leave to intervene in these proceedings, and if he wishes to do so:

a) He shall lodge a notice of his intention to intervene with the Registrar of the Constitutional Court within ten days of the date of service upon him of the application for confirmation.

b) He shall lodge written argument with the Registrar of the Constitutional Court in support of any contentions that he wishes to make by not later than 14 October

1998.

Dated at Johannesburg this 2nd day of September 1998.

M S STANDER

REGISTRAR: CONSTITUTIONAL COURT 2 September 1998

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FILE MODE 579 MEMORY TX

p. 1

* * * COMMUNICATION RESULT REPORT C 2.SEP.1998 15=12 ) * * *

TTI PROVISIONS CON/COURT OPTION ADDRESS (GROUP) RESULT PAGE

0466227197 OK P. 2/2

REASON FOR ERROR

E-l) HANG UP OR LINE FAIL

E-3) NO ANSWER E-2) BUSY

E-4) NO FACSIMILE CONNECTION

THE CONSTITUTIONAL COURT

CCT 15/98

TO:NETTELTONS

GRAHAMSTOWN

Reference: Mr De la Harpe Fax:0461 -27197

Reference: S Shoot/1035 LLTR/SlOl/58248/LBH Fax: Oil -880 2261

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: *• ' V P . 1

* # # COmUNICflTION RESULT REPORT ( 2.SEP. 1998 15-20 ) * * *

TTI PROVISIONS CON/COURT PILE MODE OPTION ADDRESS CGROUP) RESULT PAGE 580 MEMORY TX 8802261 OK P. 2/2

REASON FOR ERROR

E-l) HANG UP OR LINE FAIL E-2) BUSY

E-3) NO ANSWER E-4) NO FACSIMILE CONNECTION

THE CONSTITUTIONAL COURT

CCT 15/98

TO:NETTELTONS

GRAHAMSTOWN

Reference; Mr De la Harpe Fax:0461-27197

Reference: S Shoot/10351.LTR/S 101/58248/LBH Fax:011-880 2261

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* * * COMMUNICATION RESULT REPORT C 2.SEP.1998 15=16 ) * * *

TTI PROVISIONS CON/COURT FILE MODE OPTION ADDRESS (GROUP) RESULT ??GE__

581 MEMORY TX ~~ " ~ 0466227885 OK P. 2/2

REASON FOR ERROR

E-l) HANG UP OR LINE FAIL E-2) BUSY

E-3) NO ANSWER E-4) NO FACSIMILE CONNECTION

THE CONSTITUTIONAL COURT

CCT 15/9S

TO;NETTELTONS

Attorneys for the Applicant USA High Street

GRAHAMSTOWN

Reference; Mr De la Harpe Fax:0461-27197

TO; MESSRS FLUXMAN RABINOWTTZ-RAPHAELY WEINER ATTORNEYS Attorneys for the Respondent

Reference; S Shoot/10351XTR/S101/58248/LBH Fax: 011 - 880 2261