IN THE CONSTITUTIONAL COURT OF

Case CCT 41/11 and CCT 46/11

In the ex parte application of: CENTRE FOR APPLIED LEGAL STUDIES Applicant for admission as amicus curiae

In the application for leave to appeal in the matter between:

HLOPHE, MANDLAKAYISE JOHN Applicant and THE PREMIER OF THE WESTERN CAPE PROVINCE Respondent and

In the application for leave to appeal in the matter between:

HLOPHE, MANDLAKAYISE JOHN Applicant and FREEDOM UNDER LAW AND OTHERS Respondents

NOTICE OF MOTION

PLEASE TAKE NOTICE that the CENTRE FOR APPLIED LEGAL STUDIES hereby makes application to the above Honourable Court for an order in the following terms:

1. Admitting the Centre for Applied Legal Studies as amici curiae in the

above proceedings in terms of Rule 10(6) of the rules of this Court; 2

2. Granting the Centre for Applied Legal the opportunity to submit written

argument in the above matters, which written argument is filed together

herewith;

3. Granting the Centre for Applied Legal Studies the opportunity to present

oral argument in the above matters, in the event that they are set down for

hearing;

4. Further or alternative relief.

TAKE NOTICE FURTHER that the affidavit of KATHLEEN HARDY will be used in support hereof.

TAKE NOTICE FURTHER that the Centre for Applied Legal Studies have appointed the offices stated below as the address at which they will accept notice and service of all documents in these proceedings.

Kindly place the matter before the Chief Justice to be dealt with in terms of Rule

10 of the Rules of this Court

Dated at on 24 June 2011.

______

Centre for Applied Legal Studies Applicant’s Attorneys 1st Floor, DJ du Plessis Blg West Campus University of the Witwatersrand 1 Jan Smuts Ave 3

Braamfontein Private Bag 3 Wits 2050 Docex 197 Johannesburg Tel: (011) 717 8600 Fax: (011) 717 1702 REF: RLP0002/KH/CC

TO:

THE REGISTRAR Constitutional Court, South Africa

AND TO: XULU LIVERSAGE INC Attorneys for the Applicant 20 Dunkley Mews Dunkley Square Gardens Cape Town c/o MOODALIYAR & BEDHESI ATTORNEYS 57 Oxford Road Saxonwold Johannesburg Tel: (011) 486 2911 Fax: (011) 486 3911 E-mail: [email protected] BY EMAIL

AND TO: THE STATE ATTORNEY, CAPE TOWN Attorneys for the Second and Third Respondents c/o THE STATE ATTORNEY, JOHANNESBURG 10th Floor, North State Building 95 Market Street Corner Kruis Street Johannesburg [email protected] BY EMAIL

AND TO: FAIRBRIDGES ATTORNEYS [email protected] BY EMAIL

AND TO: BOWMAN GILFILLAN INC [email protected] BY EMAIL

AND TO: 4

JUSTICE PIUS NKONZO LANGA Fourth Respondent Constitutional Court of South Africa Constitution Hill Braamfontein

AND TO: DEPUTY CHIEF JUSTICE Fifth Respondent Constitutional Court of South Africa Constitution Hill Braamfontein

AND TO: JUSTICE JENNIFER Six Respondent 41 Edura House Fox Street Johannesburg

AND TO: JUSTICE CATHERINE MARY ELIZABETH O’REGAN [email protected] BY EMAIL

AND TO: JUSTICE ALBERT LOUIS SACHS Ninth Respondent [email protected] BY EMAIL

AND TO: CHIEF JUSTICE Tenth Respondent Constitutional Court of South Africa Constitution Hill Braamfontein

AND TO: JUSTICE THEMBILE LEWIS SKWEYIYA Eleventh Respondent Constitutional Court of South Africa Constitution Hill Braamfontein

AND TO: JUSTICE JOHANN VAN DER WESTHUIZEN Twelfth Respondent Constitutional Court of South Africa Constitution Hill 5

Braamfontein

AND TO: JUSTICE ZAKARIA MOHAMMED YACOOB Thirteenth Respondent Constitutional Court of South Africa Constitution Hill Braamfontein

AND TO: JUSTICE BAAITSE ELIZABETH NKABINDE Fourteenth Respondent Constitutional Court of South Africa Constitution Hill Braamfontein

AND TO: JUSTICE CHRISTOPHER NYAOLE JAFTA Fifteenth Respondent Constitutional Court of South Africa Constitution Hill Braamfontein

AND TO: JUSTICE FRANKLIN KROON Sixteenth Respondent [email protected] BY EMAIL