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Page 1 of 5 ORIGINAL in the SUPREME COURT of SOUTH Page 1 of 5 ORIGINAL IN THE SUPREME COURT OF SOUTH AFRICA FREE STATE DIVISION, BLOEMFONTEIN Case No. A70/16 In the matter between: [Here appears the following stamp: AFRIFORUM REGISTRAR First Applicant SOLIDARITY HIGH COURT OF SOUTH AFRICA Second Applicant FREE STATE PROVINCIAL DIVISION 30-03-2016 MM BLOEMFONTEIN] and CHAIRPERSON OF THE COUNCIL OF THE UNIVERSITY First Respondent OF THE FREE STATE CHAIRPERSON OF THE SENATE OF THE UNIVERSITY Second Respondent OF THE FREE STATE THE UNIVERSITY OF THE FREE STATE Third Respondent NOTICE OF MOTION: APPLICATION FOR REVISION IN TERMS OF RULE 53 TO: THE CHAIRPERSON OF THE COUNCIL OF THE UNIVERSITY OF THE FREE STATE (First Respondent) KINDLY TAKE NOTICE THAT in terms of the provisions of rule of court 53 (as amended with respect to date by agreement) you are required to [provide] to the Registrar of this Honourable Court on or before 6 April 2016 the record of proceedings and all documentation in Page 2 of 5 2 support of the resolution to approve the new language policy of the UFS at the time of the meeting of the Council of the UFS that was held on Friday, 11 March 2016, together with such reasons as are legally required or that you desire to make, and to inform the applicants that you have done so; AND TO: THE CHAIRPERSON OF THE SENATE OF THE UFS (the Second Respondent) KINDLY TAKE NOTICE THAT in terms of the provisions of rule of court 53 (as amended with respect to date by agreement) you are required to [provide] to the Registrar of this Honourable Court on or before 6 April 2016 the record of proceedings and all documentation in support of the resolution to approve the new language policy of the UFS at the time of the meeting of the Senate of the UFS that was held on Monday, 7 March 2016, together with such reasons as are legally required or that you desire to make, and to inform the applicants that you have done so; KINDLY FURTHERMORE TAKE NOTICE that: (a) The applicants will deliver their supplementary affidavit in terms of Rule 53(4) (if any) no later than 13 April 2016; Page 3 of 5 3 (b) The respondents will deliver their answering affidavits on or before 4 Mai 2016; (c) The applicants will deliver their replying affidavits on or before 18 May 2016. KINDLY FURTHERMORE TAKE NOTICE that AFRIFORUM (First Applicant) and SOLIDARITY (Second Applicant) intend applying to this Honourable Court on a date to be determined by the Registrar in consultation with the Respondents for an order with the following provisions: 1. That the application be heard as one of semi-urgency and that condonation be granted in terms of Rule of the Court 6(12) for the non-compliance with the periods stipulated in the rules of court and servicing that would otherwise be applicable, as necessitated by the degree of urgency of this matter; 2. That the respective resolutions of the Council and the Senate of the University of the Free State to approve a new language policy on 11 and 7 March 2016 respectively (Addendum 1A to the founding affidavit) be revised and set aside; 3. That the Third Respondent pay the costs of the application; Page 4 of 5 4 4. Further and/or alternative relief. FURTHERMORE TAKE NOTICE that the affidavit by CHANTELLE DU PREEZ, with addenda, in favour of the applicants, will be used in support of this application. ALSO FURTHERMORE TAKE NOTICE THAT the applicants have appointed Messrs Schoeman Maree, 100 Kellner Street, Bloemfontein, as the address at which it will receive further documents to be exchanged herein. KINDLY FURTHERMORE TAKE NOTICE THAT the Respondents must provide an address for servicing of all documents and processes as contemplated in Rule 6(5)(b). KINDLY FURTHERMORE TAKE NOTICE THAT the Respondents are called upon to provide reasons, if any, as to why the resolution of the 1st and 2nd Respondents should not be revised and set aside. SIGNED at BLOEMFONTEIN on this 30th day of MARCH 2016. [Here appears a signature] JJ MAREE HURTER SPIES INCORPORATED CENTURION C/O SCHOEMAN MAREE INCORPORATED Attorneys of the Applicants 100 KELLNER STREET WESTDENE BLOEMFONTEIN REF. JJ MAREE/FA 1034 Page 5 of 5 5 TO: The Registrar Supreme Court BLOEMFONTEIN AND TO: The first respondent The chairperson of the Council of the University of the Free State c/o The Registrar, Main Building, University of the Free State Nelson Mandela Avenue Bloemfontein PER SHERIFF The second respondent The chairperson of the Senate of the University of the Free State (Prof Jonathan Jansen) c/o The Registrar University of the Free State Nelson Mandela Avenue Bloemfontein PER SHERIFF The third respondent c/o The Registrar University of the Free State Nelson Mandela Avenue Bloemfontein PER SHERIFF Attorney Nico Botha Phatsoane Henney 35 Markgraaf Street Bloemfontein (courtesy copy) Ref UNI1-PH/0130/ELR/ HN BOTHA .
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