IN THE CONSTITUTIONAL COURT OF

CC Case No: 41/2011

SCA Case No: 537/10

In the matter between:

JUDGE PRESIDENT MANDLAKAYISE Applicant

and

PREMIER OF THE WESTERN CAPE First Respondent THE ACTING CHAIRPERSON: JUDICIAL SERVICE COMMISSION Second Respondent THE JUDICIAL SERVICE COMMISSION Third Respondent CHIEF JUSTICE SIRRAL SANDILE NGCOBO Fourth Respondent DEPUTY CHIEF JUSTICE Fifth Respondent JUSTICE CHRISTOPHER NYAOLE JAFTA Sixth Respondent JUSTICE BAAITSE ELIZABETH NKABINDE Seventh Respondent JUSTICE THEMBILE LEWIS SKWEYIYA Ninth Respondent JUSTICE JOHANN VINCENT VAN DER WESTHUIZEN Tenth Respondent JUSTICE ZAKERIA MOHAMMED YACOOB Ninth Respondent JUSTICE PIUS NKONZO LANGA Eleventh Respondent JUSTICE THOLAKELE HOPE MADALA Twelfth Respondent JUSTICE JENNIFER Thirteenth Respondent JUSTICE CATHERINE MARY ELIZABETH O’REGAN Fourteenth Respondent JUSTICE ALBERT LOUIS SACHS Fifteenth Respondent JUSTICE FRANKLYN KROON Sixteenth Respondent

CONFIRMATORY AFFIDAVIT

I, the undersigned,

MANDLAKAYISE JOHN HLOPHE

2

do make oath and say:

1. I am the Judge President of the Western Cape High Court of South Africa. I am the Applicant

in this matter.

2. The facts to which I depose herein are within my personal knowledge, save where it is

otherwise stated or the context indicates otherwise, and is, to the best of my knowledge and

belief, true.

3. I refer to the founding affidavit of BARNABAS FANOZI XULU, my attorney in this matter,

filed in support of the application for leave to appeal. I confirm the content thereof, which

provides the background to the present application.

______

MANDLAKAYISE JOHN HLOPHE

I certify that the above signature is the true signature of the deponent who has acknowledged to me that he knows and understands the contents of this affidavit, which affidavit was signed and sworn to at Cape Town on this day of May 2011 in accordance with the provisions of Regulation R128 dated 21 July 1972, as amended by Regulation R1648 dated 19 August 1977, R1428 dated 11 July

1980 and GNR774 of 23 April 1982.

______

COMMISSIONER OF OATHS