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In  the  HIGH  COURT  of   SOUTH  AFRICA

Durban k Coast Local Division

 

Case Nº 11364/2006

  In the matter between

  KHEHLA HEZEKIEL VILAKAZI    Applicant

  a n d

    eTHEKWINI MUNICIPALITY Respondent

 

 

 

N O T I C E     O F     M O T I O N

 

 

 

P A R T  A

 

 

URGENT APPLICATION FOR INTERDICT

PENDENTE LITE

 

T

 A K E   N O T I C E that KHEHLA HEZEKIEL VILAKAZI (‘the applicant’) intends applying to this Court on WEDNESDAY the 25th day of OCTOBER 2006 at 09h30 or so soon thereafter as the matter may be heard, for an order, operating as interim relief pending termination of the proceedings in PART B hereunder, in the following terms:     

         1                   Condoning applicant’s non-compliance with the rules of Court and granting leave for this application to be heard as a matter of urgency;

  2                   That pending the final determination of the proceedings in PART B, applicant be and is hereby permitted to engage in photography for reward on the sea-shore under the control of the eTHEKWINI MUNICIPALITY (‘the Municipality’);

  3                   That pending the final determination of the proceedings in PART B, the Municipality and its law  enforcement officers are interdicted from interfering in any manner whatsoever with the applicant so long as he is engaged in photography for reward on the sea-shore under the control of the Municipality;   

4                   That pending the final determination of the proceedings in PART B, the Municipality and its law enforcement officers are interdicted from confiscating or impounding the photographic equipment in the possession of the applicant; 

5                   Further or alternative relief; and 

6                   Should this application – 

a.   Not be opposed, ordering that the costs of this application in terms of PART A stand over for determination at the hearing of the principal application in PART B; or 

b.   If it be opposed, ordering that the Municipality pay the costs hereof. 

KINDLY set down the matter in PART A for hearing accordingly.  

 

P A R T  B

 

REVIEW APPLICATION  

   

TA K E   N O T I C E that KHEHLA HEZEKIEL VILAKAZI (‘the applicant’) intends applying to this Court for an order in the following terms:

 

1                   The decision of the eTHEKWINI MUNICIPALITY (‘the Municipality’) refusing the applicant a permit to conduct photography for reward on the sea-shore under its control be and is hereby reviewed and set aside; 

2                   Applicant is hereby authorised to conduct photography for reward on the sea-shore under the control of the Municipality; 

3                   Regulation 19(o) of the regulations purportedly made by the Municipality in terms of the Sea-Shore Act 21 of 1935 and published in Prentice-Hall’s By-Laws of the City of Durban be and is hereby set aside; 

4                   Further or alternative relief; 

5                   Costs.     

TAKE NOTICE FURTHER that within 15 days of receipt of this notice of motion the Municipality must lodge with the registrar of this Court the following, and notify the applicant that it has done so:

 

a.             The record of its deliberations (if any) leading up to, and including its decision on the application submitted to it by the applicant on 11 October 2006;

b.             Its policy on the informal economy;

c.             The administrative and regulatory procedures it employs to restrict entry into the informal economy;

d.             The procedures, criteria and requirements it employs to determine eligibility to engage in the informal economy;

e.             The manner in which it determines the maximum number of those eligible to engage in the informal economy;

f.               Any memoranda, reports, circulars, minutes, letters or other documents that relate to this application;

g.             The Government Gazette in which it published the regulations purportedly made in terms of the Sea-Shore Act 21 of 1935; and

h.             Any reasons as it may desire to give.   

 

TAKE NOTICE FURTHER that applicant shall be entitled, within 10 days after the registrar has made the above documents available to him, to deliver a notice amending, adding to or varying the terms of this notice of motion as well as supplementing the founding affidavit.   

TAKE NOTICE FURTHER that should the Municipality wish to oppose the relief sought in PART B, it is required within 15 days of receipt hereof, to deliver a notice to oppose, and within 30 days of the expiry of the time referred to in rule 53(4), deliver any affidavits it may desire to make in answer to the allegations made by or on behalf of the applicant.  

TAKE NOTICE FURTHER that should no such notice of intention to oppose be delivered, the application in PART B, will be made on FRIDAY the 26th day of JANUARY 2007 at 09h30 or so soon thereafter as the matter may be heard. 

TAKE NOTICE FURTHER that in relation to the applications in both PARTS A and B –

·                    The affidavit of applicant and other documents will be used; and

·                    The applicant has appointed Ranjit Purshotam as his attorney in the LEGAL RESOURCES CENTRE, and its address at N240 Diakonia Centre, 20 Diakonia Ave, Durban, as the place at which he will accept notice and service of all process in these proceedings.

 

SIGNED at DURBAN this 20th day of OCTOBER 2006.

 

_____________________________

RANJIT PURSHOTAM

Applicant’s Attorney

LEGAL RESOURCES CENTRE

N240 Diakonia Centre, 20 Diakonia Ave

D U R B A N.

Tel 031-301 7572

Fax 031-304 2823

eMail JP@LRC.ORG.ZA

Website www.lrc.co.za

 

 

 

To:                                           REGISTRAR

                                                Masonic Grove

                                                D U R B A N.

 

And to:                                   eTHEKWINI MUNICIPALITY

                                                Respondent

                                                Care of the Municipal Manager

                                                City Hall, West St, Durban

                                                Care of Municipal Legal Services Department

                                                12th floor, 221 Smith St

                                                D U R B A N.

 

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