IN THE HIGH COURT OF SOUTH AFRICA (GAUTENG DIVISION, PRETORIA) CASE NO: In the matter between: HELEN SUZMAN FOUNDATION First Applicant FREEDOM UNDER LAW NPC Second Applicant and ‘THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS Fist Respondent DR JP PRETORIUS SC Second Respondent SIBONGILE MZINVATHI ‘Third Respondent THE NATIONAL PROSECUTING AUTHORITY Fourth Respondent PRAVIN JAMNADAS GORDHAN, MP Frith Respondent GEORGE "OUPA” MAGASHULA ‘Sith Respondent VISVANATHAN "IVAN" PILLAY ‘Seventh Respondent NOTICE OF MOTION ‘TAKE NOTICE THAT the applicants intend to make application to the ‘above Honorable Court on Tuesday, 8 November 2016 at 10h00 or as ‘soon therealler as counsel fr the parties may be heard, for an order in the following terms:To the extent necessary, condoning the applicants! non-compliance With the rules of this Honourable Court relating to the service and time periods, and hearing this application on an urgent basis in terme of rule 6(12), Declaring thatthe decision taken by the fst, second, third andlor fourth respondents to charge the fith respondent by way of count 1, the aitemative charge to count 1, and count 4 (colectvely, “the charges’) in summons no 574/16 ("the summons") (the decision to prosecute’) is uniawtul: Declaring that the charges and the summons, alternatively the ‘summons insofar as itrlates to the charges, are unlawll viewing and setting aside the decision to prosecute and the charges; Reviewing and setting aside the summons; alternatively the summons, ingofar as it relates to the charges; (Ordering that a permanent stay in prosecution is granted in respect of the charges; Ordering the frst to fourth respondents (along with any other respondents who oppose this appication,joinly and several, the one paying the others to be absolved, to pay the applcans’ costs, inctuding the costs of two counsel, on a scale as between atioreny nt own ean8. Granting the applicants further and/or alternative rele. ‘TAKE NOTICE FURTHER that the accompanying affidavit of FRANCIS. ANTONIE willbe used in suppor of his application ‘TAKE NOTICE FURTHER that the applicants have appointed Webber Wenzel as their atomeys of rocord and the address at which they will accept sence of notices and other process in these proceedings is care ‘of Hils Incorporated Attorneys at 835 Jan Shoba Strest (Ouncan), Brooklyn, Pretoria: alternatively: dylan.ccon@webberwentzel.com, TAKE NOTICE FURTHER that if any of the respondents interds to: ‘oppose the relief sought inthis application, such respondent is required: (2) to notity the applicants’ attomeys in writing on or before 17:20 on ‘Tuesday, 25 October 2016 and in such notice to appoint an acdress Within 15 Klometres of the office of the Registrar of this Honourable ‘Court at which the respondents wil accept notice and service of al ‘process in these proceedings; and (0) to file its answering affidavit, f any, on or before 14:00 on Monday, ‘31 October 2016, 50 as 10 allow the appicants 10 delver replying papers, it any, by 12:00 on Thursday, 3 November 2016. PLEASE ENROL THE MATTER FOR HEARING ACCORDINGLY.DATED AT JOHANNESBURG ON 23 ODTORER 2016 Lai —— WEBBER WENTZEL ‘Appicanis’ Atomeys. 90 Rivonia Road Sandton 2196 Tet: (011) $90 5000 Fax: (011) §90 5111 et V Movshovich /P Dela / D Cron! D Raftery / ‘WTimm /T Oye ‘9012607 ‘cloHILLS INCORPORATED ‘ATTORNEYS. £835 Jan Shota Street Brookiyn Pretoria (0075 Tel: 087 230 7314. Ref: L Pienaar To. ‘THE REGISTRAR, High Court PRETORIA AND TO: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS First Respondent Victoria and Grifiths Menge Building 123 Westlake Avenue Weavind Park Siveron Pretoria clo STATE ATTORNEY ‘SALU Building 316 Thabo Schume Street (Car Thabo Sehume and Frances Baard Streets PretoriaBY HAND, BY EMAIL; skabrahams@npa.gov. hzwart@npa.gov.za AND TO: DR JP PRETORIUS SC ‘Second Respondent \Vietora and Grifiths Mxenge Building 123 Westlake Avenue Weavind Park Silverton Pretoria clo STATE ATTORNEY ‘SALU Builsing ‘316 Thabo Sehume Street ‘Cnr Thabo Senume and Frances Bard Streats, Pretoria BY HAND BY EMAIL: kbenjamin@npa.gov.za; ippretorius@npa.gov. AND TO: SIBONGILE MZINYATHI Third Respondent Victoria and Gifiths Mxenge Building 123 Westlake Avenue Weavind Park Siverton Pretoria clo STATE ATTORNEY SALU Building 316 Thabo Sehume Street (Gar Thabo Sehume and Frances Baard Streets Pretoria BY HAND BY EMAIL: skabrahams@npa.gov.za; hawart@npa.gov.za; kbenjamin@npa.gov.za; Ippretorius@npa.gov.za AND TO: THE NATIONAL PROSECUTING AUTHORITY Fourth RespondentAND TO; AND TO: Victoria and Griftne Menge Building 123 Westlake Avenue Weavird Park Silverton ‘fo STATE ATTORNEY SALU Building 216 Thabo Sehume Street (Cnr Travo Sehume and Frances Bard Streets Pretoria BY HAND. BY EMAIL: kbenjamin@npa.gov.za; Ippreterius@npa.govza PRAVIN JAMNADAS GORDHAN, uP Fifth Respondent 40 Church Street Old Reserve Bank Bulking 2" Floor Pretoria ‘lo GILDENHUYS MALATJI Harlequins Office Park 164 Totus Street Groenkloot BY HAND. BY EMAIL: tmalatf@gminc.co.za (GEORGE "OUPA"MAGASHULA ‘Sixth Respondent (fo TILNEY INC. Siiso Nxasana Ho.se +" Floor 268 Oxford Ra Hove JohannesburgAND TO: BY HAND BY EMAIL: michael@tiIneyinc.co.za VISVANATHAN "IVAN" PILLAY Seventh Respondent clo ALLAN LEVIN & ASSOCIATES. {80 Coriet Drive Melrose North Johannesburg BY HAND, BY EMAIL: brad@ala.co.za; robert@ala.co.za