IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA
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 SOUTH AFRICA 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
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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 Gauteng 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 ______.
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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, Sandton
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 Paul Kruger Street
Pretoria
Email: [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, Waterkloof
Tel: 012 346 5669 Page 5
Fax: 086 685 3123
Ref: WES6/0001/CN
Email: [email protected]; [email protected]
Service per email