IN THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE HIGH COURT, CAPE TOWN) Case No.: In the matter between: SPEAKER, OUDTSHOORN JOHANNES NICOLAAS.

Transcription

1 IN THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE HIGH COURT, CAPE TOWN) Case No.: In the matter between: SPEAKER, MUNICIPAL COUNCIL JOHANNES NICOLAAS HENDRIK STOFFELS First Applicant Second Applicant and BERNARDUS VAN WYK FELICITY MAGXAKA CHRISTIAAN MACPHERSON VERNATT IVAN VAN DER WESTHUIZEN DIANE DE JAGER JULIA LE ROUX PIERRE NEL PETER LESLIE ROBERTS EWA FORTUIN RYK RAYMOND WILDSCHUT DANIE JOHAN FOURIE JOHN MAXIM PIETER LUITERS HENDRIK BOTHA HENDRIK RUITERS JURIE HARMSE JEREMY GOLIATH First Respondent Second Respondent Third Respondent Fourth Respondent Fifth Respondent Sixth Respondent Seventh Respondent Eighth Respondent Ninth Respondent Tenth Respondent Eleventh Respondent Twelfth Respondent Thirteenth Respondent Fourteenth Respondent Fifteenth Respondent Sixteenth Respondent Seventeenth Respondent Hardy Mills (Tel.: / ; Stefan Hill (Tel.: / ;

2 2 GORDON APRIL VLANCIO MARDEOK DONSON CARMICHAEL NGALO ERIK NGALO LEA STALMEESTER CHARLIE WAGENAAR NONDUMISA GUNGULUZA THE MUNICIPALITY CORRIE GREEFF DEMOCRATIC ALLIANCE CONGRESS OF THE PEOPLE Eighteenth Respondent Nineteenth Respondent Twentieth Respondent Twenty-First Respondent Twenty-Second Respondent Twenty-Third Respondent Twenty-Fourth Respondent Twenty-Fifth Respondent Twenty-Sixth Respondent Twenty-Seventh Respondent Twenty-Eighth Respondent NOTICE OF MOTION TAKE NOTICE that the above-named Applicants intend to make application to this Honourable Court on Tuesday, 14 June 2013 at 14h00, or so soon thereafter as counsel for the Applicants may be heard for an order: 1. Dispensing with the forms and service provided for in the Uniform Rules of Court, directing that the application be heard on an urgent basis in terms of Uniform Rule of Court 6(12), and condoning noncompliance with the Rules. 2. Directing that an order be issued calling upon Respondents to appear and show cause, on a date to be determined by this Honourable Court, why an order should not be granted as follows:

3 Declaring that the purported meeting of the Municipal Council of Oudtshoorn (the Council ), held on Friday, 31 May 2013 at around 10h52 (the impugned meeting ), was convened unlawfully; 2.2. All resolutions purportedly taken at the impugned meeting are unlawful and of no force and effect; 2.3. The incumbents of the positions of Speaker, Executive Mayor and Executive Deputy Mayor are those persons who occupied these positions immediately prior to the impugned meeting referred to in paragraph 2.1 above; 2.4. Ordering further and/or alternative relief; 2.5. Directing that: The First Respondent to Seventeenth Respondent, as well as Twenty-Seventh Respondent, together with those Respondents who oppose this application, jointly and severally, pay the costs of this application; alternatively

4 The First Respondent to Seventeenth Respondent (in their personal capacity), as well as Twenty-Seventh Respondent, together with those Respondents who oppose this application, jointly and severally, pay the costs of this application on a punitive scale. 3. Pending the return day referred to in paragraph 2 above, directing that: 3.1. Eighteenth and Nineteenth Respondent, and the First Applicant hold the office of Executive Mayor, Deputy Executive Mayor and Speaker of the Council, respectively, notwithstanding any purported decision taken at the impugned meeting First to Seventeenth Respondents are prohibited from in any manner interfering with or impeding the execution of the duties and functions of the First Applicant, as well as that of the Eighteenth and Nineteenth Respondents First to Seventeenth Respondents are prohibited from in any manner seeking to enforce any resolution purportedly adopted at the impugned meeting. TAKE FURTHER NOTICE that the Applicants have appointed the offices of Mills Attorneys, 2 Park Lane, Plettenberg Bay (Ref.: Hardy Mills, / ), c/o De Klerk & Van Gend, ABSA Building, 132 Adderley

5 5 Street, Cape Town (Ref.: S Hill), as the address at which the Applicants will accept notice and service of all documents and process in these proceedings. TAKE NOTICE FURTHER that if you intend opposing this application you are required to appoint in such notification an address referred to in Rule 6(5)(b) at which you will accept notice and service of all documents in these proceedings, and further you are required to notify the Applicants attorney in writing by no later than 11h00 on Tuesday, 4 June 2013; TAKE NOTICE FURTHER that if you oppose this application you are required to file your answering affidavit by no later than 11h00 on Tuesday, 4 June TAKE NOTICE FURTHER that the accompanying affidavit of JOHANNES NICOLAAS HENDRIK STOFFELS and annexures thereto, will be used in support of this application. DATED at CAPE TOWN on this the 3 rd DAY of JUNE Mills Attorneys Per: Hardy Mills Applicants attorney 2 Park Lane PLETTENBERG BAY (Tel.: / ) Correspondents: De Klerk & Van Gend ABSA Building 132 Adderley Street Cape Town (Ref.: Stefan Hill) (Tel.: )

6 6 To : THE REGISTRAR High Court CAPE TOWN And to : MINDE SHAPIRO & SMITH CO First to Eleventh Respondents and Twenty-Seventh Respondent Tygervalley Office Park II c/o Old Oak & Willie van Schoor Roads Tygervalley Belville CAPE TOWN (Informal service per elzanne@mindes.co.za) And to : JOHN MAXIM Twelfth Respondent 19 Dwarsweg Blomnek DE RUST (Informal service per jgmxm1@gmail.com) And to : PIETER LUITERS Thirteenth Respondent 759 Tierweg And to : HENDRIK BOTHA Fourteenth Respondent 979 Baadjies Street Dysselsdorp And to : HENDRIK RUITERS Fifteenth Respondent th Lane

7 7 And to : JURIE HARMSE Sixteenth Respondent 112 Tierweg And to : JEREMY GOLIATH Seventeenth Respondent 6 Akasia Lane And to : OFFICE OF THE EXECUTIVE MAYOR Eighteenth to Twenty-Fourth Respondents Oudtshoorn Municipality 69 Voortrekker Weg And to : MUNICIPALITY Twenty-Fifth Respondent c/o Office of the Acting Municipal Manager Oudtshoorn Municipality 69 Voortrekker Weg And to : CORRIE GREEFF Twenty-Sixth Respondent Oudtshoorn Municipality 69 Voortrekker Weg And to : CONGRESS OF THE PEOPLE Twenty-Eighth Respondents 5 th 6 th Floor Metropolitan Building c/o Fox and Rissik Street JOHANNESBURG (Per telefax: ) (Per info@copesa.org.za; lenie12@gmail.com)