IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA
CC Case no:
[WCHC case no: 18014 /2014]
In the matter between:
PROVINCIAL MINISTER FOR LOCAL GOVERNMENT, ENVIRONMENTAL AFFAIRS AND DEVELOPMENT
PLANNING, WESTERN CAPE Applicant (Applicant in the Court a quo) and
MUNICIPAL COUNCIL OF THE
OUDTSHOORN MUNICIPALITY First Respondent (First Respondent in the Court a quo)
OUDTSHOORN MUNICIPALITY Second Respondent (Second Respondent in the Court a quo)
NATIONAL MINISTER OF CO-OPERATIVE
GOVERNANCE AND TRADITIONAL AFFAIRS Third Respondent (Third Respondent in the Court a quo)
SOUTH AFRICAN LOCAL
GOVERNMENT ASSOCIATION Fourth Respondent (Fourth Respondent in the Court a quo)
NOTICE OF MOTION
[in an application for confirmation of an order of constitutional invalidity]
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TAKE NOTICE that the Applicant hereby applies, in accordance with sections 172(2)(a) and (d) of the Constitution and in terms of Rule 16(4) of the Constitutional Court Rules, to confirm the contents of the order granted by the Honourable Mr Justice Davis in the High Court (Western Cape Division), under WCHC Case No. 18014/2014 on 1 December 2014.
TAKE FURTHER NOTICE that the attached affidavit of MICHAEL BREWIS will be used in support of this application.
TAKE NOTICE FURTHER that the Applicant has appointed the Office of the State Attorney, as provided for below, as the address where he will accept service of all further notices, documents and other process in these proceedings.
SIGNED at CAPE TOWN on this the day of JANUARY 2015.
_______________________________
STATE ATTORNEY Attorney for the Applicants 4th Floor, 22 Long Street CAPE TOWN
Tel: (021) 441 9200 Fax: (021) 421 9360
E-mail: [email protected] (Ref: Melanie Faure /1886/14/P17)
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c/o STATE ATTORNEY 12th Floor, North State Building 95 Market Street (c/o Kruis Street) JOHANNESBURG
TO: THE REGISTRAR
CONSTITUTIONAL COURT BRAAMFONTEIN
AND TO: THE REGISTRAR
HIGH COURT (WESTERN CAPE DIVISION) CAPE TOWN
AND TO: WEBBER WENTZEL
Attorneys for First and Second Respondents 15th Floor, Convention Tower
Heerengracht, Foreshore CAPE TOWN
Tel: (021) 431 7241 / 7336 Fax: (021) 431 8241 / 8336
E-mail: [email protected] [email protected] (Ref: R B Africa / M Sablay / 2547461)
AND TO: NATIONAL MINISTER OF COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS
Third Respondent c/o The State Attorney 4th Floor Liberty Life Centre 22 Long Street
CAPE TOWN
AND TO: SOUTH AFRICAN LOCAL GOVERNMENT ASSOCIATION
Fourth Respondent 7th Floor, 44 Strand Street CAPE TOWN