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 _________________________________________________________________ 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 ___________________. ________________________ 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: legal@hswartattorneys.com 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: Mkhabela@mhalaw.co.za; Enabor@mhalaw.co.za Service per email Page 4 AND TO: Melita Meisel Second Respondent D & T Trust (Pty) Ltd Tel: 011 672 8700 Email: mmeisel@dttrust.co.za; dttrust.mmeisel@outlook.com 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: dibakwaneattorneys@telkomsa.net; dibakwaneattorneys13@gmail.com 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: chris@nelrichterinc.com; silvia@vezidebeer.co.za Service per email .