IN THE EASTERN CAPE HIGH COURT, BHISHO
(REPUBLIC OF SOUTH AFRICA)
CASE NO. ______________
In the matter between:
THE CENTRE FOR CHILD LAW
First Applicant
THE INFRASTRUCTURE CRISIS COMMITTEE OF
NOMANDLA SENIOR PRIMARY SCHOOL
Second Applicant
THE INFRASTRUCTURE CRISIS COMMITTEE OF
TEMBENI SENIOR PRIMARY SCHOOL
Third Applicant
THE INFRASTRUCTURE CRISIS COMMITTEE OF
MADWALENI SENIOR PRIMARY SCHOOL
Fourth Applicant
THE INFRASTRUCTURE CRISIS COMMITTEE OF
SIDANDA SENIOR PRIMARY SCHOOL
Fifth Applicant
THE INFRASTRUCTURE CRISIS COMMITTEE OF
NKONKONI SENIOR PRIMARY SCHOOL
Sixth Applicant
THE INFRASTRUCTURE CRISIS COMMITTEE OF
MAPHINDELA SENIOR PRIMARY SCHOOL
Seventh Applicant
THE INFRASTRUCTURE CRISIS COMMITTEE OF
SOMPA SENIOR PRIMARY SCHOOL
Eighth Applicant
and
THE GOVERNMENT OF THE EASTERN CAPE PROVINCE
THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA
THE O R TAMBO DISTRICT MUNICIPALITY
First Respondent
Second Respondent
Third Respondent
______________________________________________________________________
NOTICE OF MOTION
______________________________________________________________________
TAKE NOTICE THAT the First to Eighth Applicants intend making application to the
above Honourable Court for orders in the following terms:
1
It is declared that the failure of the first and second respondents to provide
proper, appropriate and adequate school facilities for:
1.1
the Nomandla Senior Primary School;
1.2
the Tembeni Senior Primary School;
1.3
the Madwaleni Senior Primary School;
1.4
the Sidanda Senior Primary School;
1.5
the Nkonkoni Senior Primary School;
1.6
the Maphindela Senior Primary School; and
1.7
the Sompa Senior Primary School,
and/or to develop and/or make known a plan or plans to provide such facilities is
unconstitutional and unlawful.
2
It is declared that the failure of the first and second respondents to provide
access to adequate water for the schools listed in paragraphs 1.1 to 1.7 above
and/or to develop and/or make known a plan or plans to provide such access to
water is unconstitutional and unlawful.
3
It is declared that the failure of the first and second respondents to provide
sufficient numbers of desks and chairs for the schools listed in paragraphs 1.1 to
1.7 above and/or to develop and/or make known a plan or plans to provide such
desks and chairs is unconstitutional and unlawful.
4
The first and second respondents are directed, within thirty days of the date of
this order, to:
4.1
develop a plan or plans, in consultation with the applicants, to provide
proper, appropriate and adequate school facilities and access to adequate
water to the schools listed in paragraphs 1.1 to 1.7 above;
4.2
to file an affidavit with this Court and the applicants’ attorneys setting out
the plan or plans developed in accordance with paragraph 4.1 above and
details of when and by whom the necessary steps will be taken by the first
to third respondents to implement the plan or plans concerned; and
4.3
provide the schools listed in paragraphs 1.1 to 1.7 above with sufficient
numbers of desks and chairs as per Annexure A hereto.
5
The first and second respondents are directed to file with this Court and the
applicants’ attorneys reports on affidavit setting out all steps taken pursuant to
this order, at least every three months from the date of this order until the schools
listed in paragraphs 1.1 to 1.7 above have been provided with proper,
appropriate and adequate school facilities, access to adequate water and
sufficient numbers of desks and chairs.
6
It is directed that any of the applicants or respondents may re-enrol this matter for
hearing at any stage, if necessary on duly supplemented papers, to deal with any
need for further orders arising out of the orders set out in paragraphs 1 to 5
above.
7
The first and second respondents are directed to pay the costs of the applicants.
TAKE NOTICE FURTHER that the affidavits of Ann Skelton, Mbopheni Sikiti, Ranet
Matala, Bhitini Vula, Katini Fundakubi, Bonga Ngxamafuthi, Simthembile Sicoto
and Richard Songcatha will be used in support of this application.
TAKE FURTHER NOTICE that the applicants have appointed Mlonyeni & Lesele Inc. 1
Grey Street, King William’s Town as the address at which they will accept notice and
service of all process in these proceedings.
TAKE FURTHER NOTICE THAT, if you intend opposing this application, you are
required to:
a)
notify the Applicant’s attorney in writing on or before Wednesday 15 September
2010 of your intention to do so;
b)
within fifteen (15) days after you have so given notice of your intention to oppose
the application, file your answering affidavit, if any;
c)
further, that 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.
TAKE FURTHER NOTICE THAT, if no such notice of intention to oppose be given, the
application will be made on Thursday 23 September 2010 at 10:00 or so soon
thereafter as Counsel may be heard.
DATED at GRAHAMSTOWN on this 23rd day of AUGUST 2010.
_____________________________
LEGAL RESOURCES CENTRE
116 HIGH STREET
GRAHAMSTOWN
REF: C McCONNACHIE
TEL: 046 622 9230
C/O MLONYENI & LESELE INC
1 GREY STREET
KING WILLIAM’S TOWN
TEL: 043 643 4104
TO:
THE REGISTRAR
HIGH COURT
BHISHO
AND TO:
FIRST AND SECOND RESPONDENTS
C/O STATE ATTORNEY
42-46 PERMANENT BUILDING
TERMINUS STREET
EAST LONDON
TEL: (043) 706 5100
FAX: (043) 742 4748
AND TO:
THIRD RESPONDENT
O R TAMBO MUNICIPALITY
5 TEXTILE STREET, SOUTHERNWOOD
MTHATHA
TEL: (047) 501 7000