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

Transcription

1 IN THE CONSTITUTIONAL COURT (REPUBLIC OF SOUTH AFRICA) HELD AT BRAAMFONTEIN CC CASE NO: CCT 320/17 GLD CASE NO: A263/2016 DPP REF NUMBER: 10/2/5/1(2016/406) In the application of FREEDOM OF RELIGION SOUTH AFRICA APPLICANT And MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT 1 ST RESPONDENT MINISTER OF SOCIAL DEVELOPMENT 2 ND RESPONDENT NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS 3 RD RESPONDENT YG 4 TH RESPONDENT

2 In the matter between YG APPELLANT and THE STATE RESPONDENT Together with THE CHILDREN S INSTITUTE FIRST AMICUS CURIAE THE QUAKER PEACE CENTRE SECOND AMICUS CURIAE SONKE GENDER JUSTICE THIRD AMICUS CURIAE FREEDOM OF RELIGION SOUTH AFRICA FOURTH AMICUS CURIAE THIRD RESPONDENT S SUBMISSIONS DIRECTIVES OF CHIEF - JUSTICE DATED 4 SEPTEMBER

3 A INTRODUCTION 1. This is an application for leave to appeal against part of the judgement of the High Court, Gauteng Local Division, wherein the Honourable Court declared the common law defense of reasonable chastisement to be unconstitutional. 2. Third Respondent has filed a notice to abide by the Honourable Court s decision. 3. The application has been set down for 29 November B DIRECTIONS BY CHIEF JUSTICE DATED 4 SEPTEMBER The Chief Justice has issued the following directions to the parties: 1. The parties are directed to file written submissions on whether- a) Parliament s call for submissions on the Draft Childrens Third Amendment Bill has any impact on these proceedings; and

4 b) The respondents would suffer any prejudice should this matter be held in abeyance until the parliamentary process is complete. C SUBMISSIONS 5. IN RESPECT OF POINT 3 (1) (a) It is respectfully submitted that the call for submissions on the Draft Children s Third Amendment Bill, by the Department of Social Development does not have an impact on these proceedings. There is at this stage no certainty what the outcome of the legislative process would be and their needs to be finality in legal proceedings and certainty about the law. 6. IN RESPECT OF POINT 3 (1) (b) It is noted that both the Applicant s and Respondents 5 7 are in favour of the matter being heard on 29 November We will therefore not be prejudiced if the matter proceeds on the 29 November 2018.

5 DATED AT JOHANNESBURG ON THIS 11 th DAY OF SEPTEMBER ADV P P RANCHHOD COUNSEL ON BEHALF OF THE 3 RD RESPONDENT OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS GAUTENG LOCAL DIVISION :JOHANNESBURG HIGH COURT Tel : /4073 Cell : ppranchhod@npa.gov.za

6 TO: The Registrar Gauteng Local Division: Johannesburg Private Bag X7 JOHANNESBURG, 2000 RECEIVED BY: DATE: AND TO: The Registrar The Constitutional Court Constitutional Hill, Braamfontein JOHANNESBURG RECEIVED BY 2000 AND TO: MAPHALLA MOKATE CONRADIE INC ( Formaly MOTLA CONRADIE INC) Attorneys for the Applicant Suite 1, Peak House 435 Winifred Yel Street, Garsfontein PRETORIA Tel: Ref: T Conradie teresac@motcon.co.za

7 and cc: RECEIVED BY: DATE: AND TO: MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT 1 ST Respondent AND TO: MINISTER OF SOCIAL DEVELOPMENT 2 nd Respondent 1 st and 2 nd RESPONDENT C/O The State Attorney 12 th Floor North State Building 96 Albertina Sisulu Street, Johannesburg TEL: FAX : RECEIVED BY

8 AND TO: Y BHAMJEE ATTORNEYS Appellants Attorneys / Attorneys for 4 th Respondent 103, 56 Fourth Street, Bophelong Medical Centre Springs TEL: yusuf@yblawyer.co.za RECEIVED BY DATE AND TO: CENTRE FOR CHILD LAW Attorneys for 1 st, 2 nd & 3 rd Amici Curiae in the High Court Room 4 31 Law Building, University of Pretoria Lynwood Road, Hatfield Tshwane TEL: FAX : litha.stwayi@up.ac.za REF: C0415/K Ozah RECEIVED BY DATE