CONSTITUTIONAL COURT OF CCT81/09

In the matters between: THE STATE and KHOLEKILE WITNESS THUNZI

AND

THE STATE and SIYABULELA MLONZI

Notice of Motion

Take notice that KHOLEKILE WITNESS THUNZI and SIYABULELA

MLONZI (hereinafter called the applicants) intends to make application to this Court for an order:

In respect of both Applicants:

a) Condoning non-compliance with the time periods of this Court.

In respect of Mr Thunzi :

b) Setting aside the High Court, Mthatha’s, confirmation(s) on review of

the applicant’s sentence on count 3 of five years imprisonment

imposed by the Magistrate Butterworth on 14 August 2008. 2

c) Reviewing the said sentence of the Magistrate Butterworth, setting

the sentence aside and replacing it with an appropriate sentence,

alternatively referring the matter to the High Court, Mthatha, to

review the sentence.

d) Such further and/or alternative relief as this Court deems meet.

In respect of Mr Mlonzi:

e) Setting aside the High Court Mthatha’s refusal, dated 5 August 2009

under case no 213749, to grant the applicant leave to appeal against

his conviction of assault with the intent to do grievous bodily harm

and his sentence of six years imprisonment of which two years were

conditionally suspended by the Magistrate under case

number RC 576/06.

f) Granting the applicant leave to appeal against the said conviction

and sentenced imposed by the Magistrate, Lusikisiki.

g) Setting aside the conviction and sentence, alternatively referring the

matter to the High Court, Mthatha, for the hearing of the appeal.

h) Such further and/or alternative relief as this Court deems meet.

and that the accompanying affidavit of Michael Ruben Burmeister will be used in support thereof. 3

Take notice further that the applicant has appointed the

Justice Centre, corner of Govan Mbeki and Hancock Street, North End, Port

Elizabeth as the address at which they will accept notice and service of all process in these proceedings.

Take notice further that if you intend opposing this application you are required:

a) To notify applicant’s attorney in writing on or before 9 November

2009 and

b) On or before 17 November 2009 to file your answering affidavit, if

any.

Kindly place the matter on the roll for hearing on 24 November 2009.

DATED at Port Elizabeth on this 30th day of October 2009.

______

M.R. Burmeister

Attorney for applicants

Legal Aid South Africa Port Elizabeth Justice Centre Physical Address: C/o Govan Mbeki and Hancock Avenues 4

North End Port Elizabeth Postal Address PO BOX 3433 North End Port Elizabeth 6056 Per address

Tel: 041-4082805 Fax:041- 041-4845189 Cell: 0836563746 E-mail: [email protected]

TO: The Registrar Constitutional Court Of South Africa 1 Hospital Street Constitution Hill Braamfontein 2017

AND TO: ADV. Casper Kruger DPP Per email: [email protected]

AND TO: THE REGISTRAR High Court, Mthatha 74 cnr Victoria & Frere Roads MTHATHA Tel: (057) 5312441 Fax: (047) 531 2459

AND TO: THE STATE ATTORNEY Attorneys of the Applicant 10 Floor, North State Building 95 Kruis Street (cnr Kruis) JOHANNESBURG Tel:011330 7600 Fax: (011) 3376200 Ref: Mr V.Dhulam 5

AND TO: The National Minister for Safety and Security Wachthuis, 7th Floor 231 Pretorius Street Pretoria Tel: 012 3932811

AND TO: The National Minister for justice and Constitutional Development 16th Floor 329 Momentum Centre Pretorius Street Pretoria Tel: (012) 357 8217 Fax: (012) 315 1749 Email: [email protected]

AND TO: MEC for Safety and Security, Eastern Cape Stellenbosch Park King Williamstown Tel: 043 6047414 Fax: 043 643 4209

AND TO: THE CHAIRPERSON OF THE EASTERN CAPE BAR ASSOCIATION C/o Adv Mbenenge SC Per fax: 043-7260483 And per email: [email protected]