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In the Constitutional Court of South Africa

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In the Constitutional Court of South Africa IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA Constitutional Court Case No: Supreme Court of Appeal Case No: 52/2011 North Gauteng High Court Case No: In the matter between: HLOPHE, MANDLAKAYISE JOHN Applicant and FREEDOM UNDER LAW 1st Respondent THE ACTING CHAIRPERSON: JUDICIAL SERVICE COMMISSION 2nd Respondent THE JUDICIAL SERVICE COMMISSION 3rd Respondent CHIEF JUSTICE PIUS NKONZO LANGA 4th Respondent DEPUTY CHIEF JUSTICE DIKGANG MOSENEKE 5th Respondent JUSTICE THOLAKELE HOPE MADALA 6th Respondent JUSTICE JENNIFER YVONNE MOKGORO 7th Respondent JUSTICE CATHERINE MARY ELIZABETH O‟REGAN 8th Respondent JUSTICE ALBERT LOUIS SACHS J 9th Respondent JUSTICE SIRRAL SANDILE NGCOBO 10th Respondent JUSTICE THEMBILE LEWIS SKWEYIYA 11th Respondent JUSTICE JOHANN VAN DER WESTHUIZEN 12th Respondent JUSTICE ZAKARIA MOHAMMED YACOOB 13th Respondent JUSTICE BAAITSE ELIZABETH NKABINDE 14th Respondent JUSTICE CHRISTOPHER NYAOLE JAFTA 15th Respondent JUSTICE FRANKLIN KROON 16th Respondent AND IN THE MATTER OF AN APPLICATION FOR LEAVE TO APPEAL TO THE CONSTITUTIONAL COURT IN TERMS OF RULE 19 OF THE RULES OF THE CONSTITUTIONAL COURT AGAINST A DECISION OF THE SUPREME COURT OF APPEAL HANDED DOWN ON 31 MARCH 2011 _______________________________________________________________ NOTICE OF APPLICATION FOR LEAVE TO APPEAL _______________________________________________________________ TAKE NOTICE that Judge President Mandlakayise John Hlophe, hereinafter called the Applicant, hereby makes application in terms of Rule 19(2) of this Court‟s Rules for orders: 1 1. Granting it leave to appeal to the Constitutional Court against the whole of the judgment and order of the Supreme Court of Appeal Case No: 52/2011 per Streitcher with Brand Cachalia, Theron and Serit JJA concurring dated 31 March 2011in which it granted Respondents the following orders: 1.1. Leave to appeal with costs including the costs of three counsel is granted to the applicant; 1.2. Leave to cross-appeal is refused with costs including the costs of three counsel; 1.3. The appeal is upheld with costs including costs of three Counsel; 1.4. The order by the High Court is set aside and replaced with the following order; „1 The decision of the Judicial Service Commission at its meeting on 15 August 2009, “that the evidence in respect of the complaint does not justify a finding that Hlophe JP is guilty of gross judicial misconduct” and that the matter accordingly be “treated as finalized”, is reviewed as set aside. 1.5. The first and second respondent on the one hand are the sixteenth respondent in the other hand are ordered jointly and severally to pay the applicant‟s costs. 2 TAKE FURTHER NOTICE that the affidavit of BARNABAS FANOZI XULU and the annexures thereto will be used in support of this application. TAKE NOTICE FURTHER that the Applicant has appointed the office of XULU LIVERSAGE ATTORNEYS care of MOODLIYAR AND BEDHESI ATTORNEYS of 57 Oxford Road, Saxonwold at which it will accept service in this application. TAKE NOTICE FURTHER that, you may respond thereto in writing within 10 (ten) days from the date upon which this application is lodged, indicating whether or not the application for leave to appeal is being opposed, and if so the grounds for such opposition. DATED at ____________________ on this the__ day of MAY 2011. ___________________________ XULU LIVERSAGE INC Applicant‟s Attorneys 20 Dunkley Mews Dunkley Square Gardens Cape Town Tel: (021) 465 8040 Fax: (021) 461 3821 Email: [email protected] Ref: B XULU/ HLO1.4 C/O MOODLIYAR & BEDHESI ATTORNEYS 57 Oxford Road Saxonwold Johannesburg Tel: (011) 486 2911 Fax: (011) 486 3911 Email: [email protected] 3 TO: THE REGISTRAR Constitutional Court of South Africa Constitution Hill Braamsfontein Johannesburg Fax: (011) 339 5098 Email: [email protected] Email: [email protected] AND TO: BOWMAN GILFILLAN 1st Respondent‟s Attorneys 165 West Street Sandton Johannesburg Tel: (011) 669 9000 Fax: (011) 669 9001 Email: [email protected] AND TO: THE SECOND RESPONDENT The Acting Chairperson The Judicial Service Commission The Constitutional Court Constitutional Hill Braamfontein Johannesburg Tel: (011) 359 7537 Fax: 086 649 0944 AND TO: THE THIRD RESPONDENT The Judicial Service Commission The Constitutional Court Constitutional Hill Braamfontein Johannesburg Tel: (011) 359 7537 Fax: 086 649 0944 AND TO: THE FOURTH RESPONDENT CHIEF JUSTICE PIUS NKONZO LANGA The Constitutional Court Constitutional Hill Braamfontein Johannesburg AND TO: THE FIFTH RESPONDENT DEPUTY CHIEF JUSTICE DIKGANG MOSENEKE The Constitutional Court Constitutional Hill 4 Braamfontein Johannesburg Tel: (011) 359 7442 Fax: (011) 403 8883 AND TO: THE SIXTH RESPONDENT JUSTICE THOLAKELE HOPE MADALA The Constitutional Court Constitutional Hill Braamfontein Johannesburg AND TO: THE SEVENTH RESPONDENT JUSTICE JENNIFER YVONNE MOKGORO The Constitutional Court Constitutional Hill Braamfontein Johannesburg AND TO: THE EIGTH RESPONDENT JUSTICE CATHERINE MARY ELIZABETH O’REGAN The Constitutional Court Constitutional Hill Braamfontein Johannesburg AND TO: THE NINTH RESPONDENT JUSTICE ALBERT LOUIS SACHS J The Constitutional Court Constitutional Hill Braamfontein Johannesburg AND TO: THE TENTH RESPONDENT JUSTICE SIRRAL SANDILE NGCOBO The Constitutional Court Constitutional Hill Braamfontein Johannesburg Tel: (011) 359 7539 Fax: (011) 359 7449 AND TO: THE ELEVENTH RESPONDENT JUSTICE THEMBILE LEWIS SKWEYIYA The Constitutional Court Constitutional Hill Braamfontein Johannesburg Tel: (011) 359 7407 Fax: (011) 403 9132 5 AND TO: THE TWELFTH RESPONDENT JUSTICE JOHANN VAN DER WESTHUIZEN The Constitutional Court Constitutional Hill Braamfontein Johannesburg Tel: (011) 359 7427 Fax: (011) 403 9132 AND TO: THE THIRTEENTH RESPONDENT JUSTICE ZAKARIA MOHAMMED YACOOB The Constitutional Court Constitutional Hill Braamfontein Johannesburg Tel: (011) 359 7540 Fax: (011) 403 4891 AND TO: THE FOURTEENTH RESPONDENT JUSTICE BAAITSE ELIZABETH NKABINDE The Constitutional Court Constitutional Hill Braamfontein Johannesburg Tel: (011) 359 7482 Fax: (011) 403 9130 AND TO: THE FIFTEENTH RESPONDENT JUSTICE CHRISTOPHER NYAOLE JAFTA The Constitutional Court Constitutional Hill Braamfontein Johannesburg Tel: (011) 359 7445 Fax: (011) 359 8743 AND TO: THE SIXTEENTH RESPONDENT JUSTICE FRANKLIN KROON The Constitutional Court Constitutional Hill Braamfontein Johannesburg 6 .
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