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Paginated Bundle 30112016 (Compressed) Part11.Pdf 597 IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, PRETORIA CASE NO: 83145/2016 In the matter between: DEMOCRATIC ALLIANCE Applicant and MINISTER OF INTERNATIONAL RELATIONS AND COOPERATION First Respondent MINISTER OF JUSTICE AND CORRECTIONAL SERVICES Second Respondent PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA Third Respondent SPEAKER OF THE NATIONAL ASSEMBLY Fourth Respondent CHAIRPERSON OF THE NATIONAL COUNCIL OF PROVINCES Fifth Respondent SOUTH AFRICAN LITIGATION CENTRE Sixth Respondent PROFESSOR JOHN DUGARD AND PROFESSOR GUENAEL METTRAUX Seventh Respondent AMNESTY INTERNATIONAL LIMITED Eighth Respondent PEACE AND JUSTICE INITIATIVE AND CENTRE FOR Ninth Respondent HUMAN RIGHTS HELEN SUZMAN FOUNDATION Tenth Respondent 598 2 NOTICE OF SET DOWN - SPECIAL MOTION ROLL BE PLEASED TO SET the above matter down on the roll for hearing on the Special Motion Roll on 05 AND 06 DECEMBER 2016 at 10:00 or as soon as thereafter as Counsel may be heard as per the directive of the Deputy Judge President of the aforementioned court dated 17 November 2016 annexed hereto as ANNEXURE "A". DATED AT PRETORIA on this zrz:vl day of NOVEMBER 2016. Elzanne Jonker Attorneys for the Applicant Tyger Valley Office Park Building Number 2 Cnr Willie van Schaar & Old Oak Roads BELVILLE Ref: DEM16/0300 JONKER!sw C/0 KLAGSBRUN EDELSTEIN BOSMAN DE VRIES INC. 220 Lange Street Nieuw Muckleneuk PRETORIA Tel: 012 452 8900 Fax: 012 452 8901 e-mail: [email protected]; [email protected] (REF: HUGO STRUWIG I VS I HS000056) 599 3 TO: THE REGISTRAR OF THE GAUTENG DIVISION, PRETORIA AND TO: THE STATE ATTORNEY PRETORIA The First, Second and Third Respondents' Attorneys SALU Building 316 Thabo Sehume Street Pretoria Ref: 7641/2016/Z49 Tel: 012 309 1520 Fax: 086 507 0909 E-mail: [email protected] [email protected] Enq: J Meier (082 940 3938 AND TO: THE STATE ATTORNEY CAPE TOWN The Fourth and Fifth Respondents' Attorneys 22 Long Street Cape Town E-mail: [email protected] 600 4 6oo AND TO: WEBBER WENTZEL Sixth Respondent's Attorneys 90 Rivonia Road. Sandton Johannesburg,2196 P.O. Box 61771, Marshalltown Johannesburg, 2107, South Africa Tel: 011 530 5539 Fax: 011 530 6539 Email: [email protected] Ref: Mr M Hathorn /3013964 C/0 BERNARD VANDER HOVEN ATTORNEYS 2"d Floor, Pare Nouveau Building 225 Veale Street Brooklyn Pretoria Ref: Elmari Robbertse Tel: 012 346 4243 Fax: 086 584 3261 E-mail: [email protected] AND TO: PROFESSORS JOHN DUGARD AND GUENAEL METTRAUX Seventh Respondent C/0 Rosin Wright Rosengarten Le Val North Block, South wing Ground Floor 45 on Smuts Avenue ( Cnr the Valley Road) JOHANNESBURG Email: [email protected] I [email protected] 601 5 60( AND TO: AMNESTY INTERNATIONAL LIMITED Eighth Respondent c/o Werksmans Attorneys 155 5th Street JOHANNESBURG Email: [email protected] Ref: D NAIDOO/PROB9999.526 AND TO: PEACE AND JUSTICE INITIATIVE AND CENTRE FOR HUMAN RIGHTS Ninth Respondent C/0 Legal Resources Centre Floor 16, Bram Fischer Towers 20 Albert Street, Marshalltown JOHANNESBURG Email: [email protected]/[email protected] Ref: 1113715UMJ Power/ A Singh AND TO: WEBBER WENTZEL Tenth Respondent's Attorneys 90 Rivonia Road Sandton Johannesburg,2196 Tel: 011 530 5422 Fax: 011 530 6422 Email: [email protected] Ref: V Movshovich I P Dela I D Cron I D Rafferty I M Spargo I K Tulsi I A De Meyer C/0 HILLS INCORPORATED ATTORNEYS 835 Jan Shoba Street (Duncan) Brooklyn Pretoria Tel: 087 230 7314 Ref: A Engelbrecht I L Pienaar 602 6 AND TO: NORTON ROSE FULLBRIGHT The Intervening Party's Attorneys 101h Floor Norton Rose House 8 Riebeeck Street Cape Town 8001 Tel: 021 405 1205 Fax: 021 405 5583 E-mail: [email protected] C/0 JACQUES VAN DER MERWE ATTORNEYS 719 Park Street Clydesdale Pretoria Tel: 012 751 0040 Fax: 086 511 9136 REF: J. VAN DER MERWE/pvN90/2016 603 17-11-16;01:38PM; ANN£l<ot£ OFFICE OF THE DEPUTY JUDGE PRESIDENT HIGH COURT OF SOUTH AFRICA, GAUTENG PROVINCIAL DIVISION, PRETORIA North Gauteng High Court Building, Cnr. Madiba & Paul Kruger Strs, Room 7.15, Seventh Floor Tel. (012) 315 7576- Fai<. (012) 315 7600- Direct Fax- 0865612100- E-mail; [email protected] 17 November 2016 TO: MINDE SHAPIRO & SMITH INC Email: [email protected] Your ref: Hugo StruwigNS/HS000056 Our Ref: 83145/16/DJP.LEDWABNEG CC: THE STATE ATTORNEY, PRETORIA Email: [email protected] You're Ref: 7641/2016/249 Our Ref: 83145/16/DJP.LEDWABA/RS CC: THE STATE ATTORNEY, CAPE TOWN Email: [email protected] CC: WEBBER WENTZEL ATTORNEYS Email: [email protected] CC: ROSIN WRIGHT ROSENGARTEN ATTORNEY Email: [email protected]/ [email protected] CC: WERKSMANS ATTORNEYS Email: [email protected] CC: LEGAL RESOURCES CENTRE Email: [email protected] 604 17-11-16;01 :3BPM; # 21 4 CC: WEBBER WENTZEL ATTORNEYS F:mail: vlad [email protected] Dear Sir /Madam RE: DEMOCRATIC ALLIANCE I THE MINISTER OF INTERNATIONAL RELATIONS AND COOPERATION & OTHERS- CASE NO: 83145/16 1. The abovementioned matter and our meeting on 16 November 2016 refers. 2. The matter is hereby set down for hearing on 5 & 6 DECEMBER 2016. You are directed to serve and file the notice of set down together with a copy of this letter attached to it within 7 (seven) days after receipt hereof. The notice of set down must be filed at the office of the Deputy Judge President, 71h Floor, Room 7.15, High Court Building. 3. I direct that: 3.1 The 1"1 to 3'd Respondents should file their supplementary affidavits by no later than 16h00 on 21 November 2016. 3.2 The Applicant should file its heads of argument, practice note and further affidavits, if necessary, by no later than 16h00 on 24 November 2016. 3.3 The 151 to srd Respondents should file their heads of arguments and practice nott'l hy no li'ltt'lr thAn 1flhOn nn 29 NnvAmhP.r 201fi 3.4 The 'Supporting Respondents' should file their heads of argument and practice note by no later than 16h00 on 25 November 2016. 4. The Legal Representatives of CASAC (Council for the Advancement of The South African Constitution) stated that it intends to file an application to be 17-11-16;01 :38PM; # 6053/ 4 admitted as amicus curiae. 4.1 CASAC should file its application and heads of argument by no later than 16h00 on 25 November 2016. 5. For convenience sake and for the proper management of the matter the documents should be filed at my office on the 7th floor and be emailed to ([email protected]). 6. The Applicant should deliver the court file in triplicate duly indexed and paginated to my office no later than 16h00 on 24 November 2016. 7. All queries and/or communications concerning the hearing of this matter must be directed to my office in writing and/or electronically 8. It remains the duty of the all legal representatives to ensure that the court file has been properly indexed and paginated in time and that all documents have been filed accordingly as directed at the office of the Deputy Judge President, High Court Pretoria, 71n Floor, Room 7.15. 9. Should it, for any reasons, transpire that this matter will not proceed on the given date, you are directed to inform the Office of the Deputy Judge President, immediately. 10. None availability of counsel representing any of the parties shall simply not be allowed as a reason for the matter not to proceed on the date of hearing arranged witb my office. Regards AP DEPUTY PRESIDENT GAUTENG COURT, PRETORIA 606 17-11-16;01 :38PM; # 4/ 4 • 606 607 IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, PRETORIA Case number: 83145/2016 In the application of THE COUNCIL FOR THE ADVANCEMENT Intervening Party DEMOCRATIC ALLIANCE Applicant and MINISTER OF INTERNATIONAL RELATIONS AND COOPERATION First Respondent MINISTER OF JUSTICE AND CORRECTIONAL SERVICES Second Respondent PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA Third Respondent SPEAKER OF THE NATIONAL ASSEMBLY Fourth Respondent CHAIRPERSON OF THE NATIONAL COUNCIL OF PROVINCES .-Fifth Respondent SOUTH AFRICAN LITIGATION CENTRE Sixth Respondent PROFESSOR JOHN DUGARD AND PROFESSOR GUENAL METTRAUX Seventh Respondent AMNESTY INTERNATIONAL LIMITED Eighth Respondent PEACE AND JUSTICE INITIATIVE AND CENTRE FOR HUMAN RIGHTS Ninth Respondent HELEN SUZMAN FOUNDATION Tenth Respondent NOTICE OF APPLICATION TO INTERVENE IN TERMS OF UNIFORM RULE OF COURT 12 608 PLEASE TAKE NOTICE that the Council for the Advancement of the South African Constitution ("CASAC") intends to make application to this Court on 5 DECEMBER 2016, at 10h'OO or so soon thereafter as counsel may be heard, for orders: 1. Granting CASAC leave to inteNene as the Second Applicant in case number 83145/2016 in terms of Rule 12 of the Rules of this Court; 2. Dispensing with the ordinary forms, processes and modes of notice and service provided for in the Rules of Court and disposing of this application, under Rule 6(12)(a), as a matter of urgency and in accordance with such procedures as the Court deems appropriate; 3_ Declaring that the notice of South Africa's withdrawal from the Rome Statute of the International Criminal Court ("the Rome Statute"), signed by the first respondent on 19 October 2016 ("the notice"), is inconsistent with the Constitution of the Republic of South, 1996 ("the Constitution") and invalid; 4. Declaring that the Cabinet decision to withdraw fmm the Rome Statute ai'Td to deliver the notice to the United Nations is inconsistent with the· Constitution and invalid; 5. Directing the first to third respondents to revoke the notice of withdrawal without delay and to take all other reasonable steps to terminate the process of withdrawal initiated under Article 127(1) of the Rome Statute; 2 609 6.
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