IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA
CASE NO: In the matter between:
MINISTER OF HOME AFFAIRS
First Applicant
DIRECTOR-GENERAL OF HOME AFFAIRS
Second Applicant
and
MARIÉ ADRIAANA FOURIE
First Respondent
CECELIA JOHANNA BONTHUYS
Second Respondent
and LESBIAN AND GAY EQUALITY PROJECT
Amicus Curiae
AFFIDAVIT
I, the undersigned,
THABO VICTOR LETAGENG
do hereby make oath and state as follows:
1.
I am in the employ of the State Attorney (Pretoria). I am admitted as attorney of the High Court of South Africa.
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2.
Save where otherwise indicated, the facts to which I depose are based on my personal knowledge and are true and correct. To the extent that I rely on facts which are not within my personal knowledge, I verily believe them to be true and correct.
3.
I have been requested by Mr John Ngoetjana (an attorney of record) to assist him in the serving and filing of this application for leave to appeal to the Constitutional Court.
4.
Mr John Ngoetjana informed me that he had contacted the attorneys for the respondents and the amicus curiae, who indicated that their offices were closed and that they would have no objection if this application is served and filed in the new year.
5.
I have since now been informed that communication has been received from the Constitutional Court, indicating that this application has to be filed by today.
6.
My understanding is that the attorneys for the respondents and the amicus curiae may not be in a position to file their answering papers within the time-period in terms of rule 19. The applicants will have no objection if their answering papers are served and filed in January 2004.
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DEPONENT
I CERTIFY THAT THE DEPONENT HAS ACKNOWLEDGED THAT HE/SHE UNDERSTANDS THE CONTENTS OF THE DECLARATION WHICH WAS SWORN TO/AFFIRMED BEFORE ME ON THIS THE
DAY OF
DECEMBER 2004. THERE HAS BEEN COMPLIANCE WITH THE REQUIREMENTS
OF
THE
REGULATIONS
CONTAINED
GOVERNMENT GAZETTE R1258, DATED 21 JULY 1972 AS AMENDED.
___________________________ COMMISSIONER OF OATHS
IN