IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA (HELD AT BRAAMFONTEIN)

Transcription

1 IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA (HELD AT BRAAMFONTEIN) CC Case No: SCA Case No: 423/2017 Western Cape High Court, Cape Town Case No: 5283/2016 In the matter between: RIAAN MOGAMAT AMARDIEN TASSANDRA ANNE APRIL ASHEEQAH DAMON ROEWAYDA JOCHEMS LOUISE PRIMOE MARGARETH ROMAN CASSIEM SAPAT N.O. CYNTHIA ARENDSE CRAIG CLOETE FAIZA GASANT WARREN KOEN KASFICAH SMITH First Applicant Second Applicant Third Applicant Fourth Applicant Fifth Applicant Sixth Applicant Seventh Applicant Eighth Applicant Ninth Applicant Tenth Applicant Eleventh Applicant Twelfth Applicant and THE REGISTRAR OF DEEDS SHAUN WINGERIN N.O. GRAEME MICHAEL SHKOLNE N.O. NICOLA MARTINE COHEN N.O. First Respondent Second Respondent Fifth Respondent Fourth Respondent

2 CAPE TOWN COMMUNITY HOUSING COMPANY (PTY) LTD Fifth Respondent NOTICE OF APPLICATION FOR LEAVE TO APPEAL BE PLEASED TO TAKE NOTICE that the Applicants hereby apply to this Court in terms of Rule 19 of the Rules of the Constitutional Court for an order in the following terms: 1. Granting the Applicants leave to appeal against the whole of the judgment and Order in Case Number 5283/2016 handed down by the Honourable Mr Justice Binns-Ward on Thursday, 23 February 2017; 2. Upholding the appeal, setting aside the Order of the High Court and replacing it with an Order in the following terms: 2.1 The Applicants application is granted; 2.2 Alternatively, the matter is remitted to the High Court to determine the actual dispute about whether the notices the Fifth Respondent sent to the Applicants in terms of s 129 of the National Credit Act 34 of 2005 included the amount alleged to be owed by the Applicants to the Fifth Respondent; and 2.3 The Fifth Respondent shall pay the Applicants costs including the costs of two counsel.

3 3. Further and/or alternative relief. TAKE NOTICE FURTHER that the affidavit of RIAAN MOGMAT AMARDIEN together with annexures will be used in support of this application. TAKE NOTICE FURTHER that if you intend opposing this application, you are required (a) to notify the Applicants attorney in writing within 10 days and (b) within 15 days after you have so given notice of your intention to oppose the application to file your answering affidavit, if any; and further that you are required to appoint in such notification an address at which you will accept notice and service of all documents in these proceedings. TAKE NOTICE FURTHER that if no such notice of intention to oppose is given, the Applicants will request the Registrar to place the matter before the Chief Justice to be dealt with in terms of Rule 11 (4). TAKE NOTICE FURTHER that the abovenamed First to Twelfth Applicants have appointed offices of LEGAL RESOURCES CENTRE, 3 rd Floor, Greenmarket Place,

4 54 Shortmarket Street, Cape Town C/O Legal Resources Centre, 16 th Floor, Bram Fischer Towers, 20 Albert Street, Marshalltown, Johannesburg, as the address where they will accept notices and service of all documents in these proceedings. DATED at CAPE TOWN on this the day of AUGUST LEGAL RESOURCES CENTRE Attorneys for the Applicants 3 rd Floor, Greenmarket Place 54 Shortmarket Street Cape Town Tel: Ref: S Kahanovitz steve@lrc.org.za C/O Legal Resources Centre, 16 th Floor, Bram Fischer Towers, 20 Albert Street, Marshalltown, Johannesburg

5 TO: THE REGISTRAR Constitutional Court Braamfontein TO: THE REGISTRAR Supreme Court of Appeal Bloemfontein THE REGISTRAR High Court of South Africa, Western Cape Division Cape Town THE FIRST RESPONDENT The Registrar of Deeds, Cape Town New Revenue Building 90 Plein Street Cape Town THE SECOND, THIRD AND FOURTH RESPONDENTS Ashersons Attorneys Ashersons Chambers, 34 Plein Street,

6 Cape Town, 8001 Ref Andrew Goldschmidt THE FIFTH RESPONDENT Cape Town Community Housing Company C/O A Parker & Associates Suite G 06, Rostra House, The Forum Northbank Lane Century City Ref: Ayesha Sasman