<<

IN THE CONSTITUTIONAL COURT OF SOUTH

Case number.: CCT 215/2018 SCA case number: 521/18 In the matter between:

NGWANE ROUX SHABANGU Applicant and

LAND AND AGRICULTURAL DEVELOPMENT BANK OF First Respondent MELITA MEISEL N.O. Second Respondent MANDLA JONATHAN SHUMBA Third Respondent DESMOND KHALID GOLDING Fourth Respondent LINDIWE MICHELLE MASEKO Fifth Respondent KENELIWE LYDIA SEBEGO Sixth Respondent JUDITH SUSAN BORNMAN Seventh Respondent GEZINA DOROTHEA VAN ROOYEN Eighth Respondent VAN ROOYEN N.O. Ninth Respondent

______

NOTICE OF APPLICATION FOR LEAVE TO APPEAL ______

TAKE NOTICE that the above-mentioned applicant hereby applies in terms of Rule

19 of the Rules of the Constitutional Court for an order in the following terms:

1. Granting the applicant leave to appeal to the Constitutional Court against the

whole of the judgment and order that was handed down in the Division Page 2

of the High Court on 6 October 2017 under case number 23733/12, leave to

appeal having been refused by the Supreme Court of Appeal on 3 August 2018;

2. Directing that the costs of this application are to be costs in the appeal,

including costs of two counsel.

3. Granting further and/or alternative relief.

TAKE FURTHER NOTICE that the affidavit of NGWANE ROUX SHABANGU will be used in support of this application.

TAKE FURTHER NOTICE that if you intend to oppose this application you are required, within ten days of service of this application on you, to lodge with the

Registrar and to serve on the applicant’s attorney an affidavit setting out the grounds on which you oppose the application.

TAKE FURTHER NOTICE that the applicant has appointed the offices of Hannelie

Swart Attorneys as its attorneys of record, at the address set out below, where it will accept all notices and processes in these proceedings.

DATED AND SIGNED AT ______on ______.

______

Etienne Naude Attorneys

Applicant’s attorneys

C/O Hannelie Swart Attorneys

17th Floor, Schreiner Chambers Page 3

94 Pritchard Street

Johannesburg

Tel: 072 177 7266

Fax: 086 599 5625

Email: [email protected]

Ref: SWART/ETI1-2

TO: THE REGISTRAR OF THE CONSTITUTIONAL COURT

Johannesburg

AND TO: Mkhabela Huntley Attorneys Inc

First Respondent’s Attorneys

Block C, 7 Eton Road

Sandhurst,

Johannesburg

2196

Tel: 011 783 8020

Fax: 011 783 3842

Ref: Mr Mkhabela/gn/LAN1.0005

Email: [email protected]; [email protected]

Service per email

Page 4

AND TO: Melita Meisel

Second Respondent

D & T Trust (Pty) Ltd

Tel: 011 672 8700

Email: [email protected]; [email protected]

Service per email

AND TO: Dibakwane Attorneys

Attorneys for the Third, Fifth, Sixth and Seventh Respondents

C/O Moumakoe Attorneys

Perm Building, Ground Floor

246 Street

Pretoria

Email: [email protected];

[email protected]

Service per email

AND TO: Nel & Richter Incorporated Attorneys

Attorneys for the Fourth, Eighth AND Ninth Respondents

1306 Justice Mohammed Street

Menlo Park

Pretoria

Docex 87, Pretoria

Postnet Suite 265, Private Bag X06,

Tel: 012 346 5669 Page 5

Fax: 086 685 3123

Ref: WES6/0001/CN

Email: [email protected]; [email protected]

Service per email