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 First Respondent DR JP PRETORIUS SC ‘Second Respondent SIBONGILE MZINYATHI Third Respondent THE NATIONAL PROSECUTING AUTHORITY Fourth Respondent PRAVIN JAMNADAS GORDHAN, MP. Fifth Respondent GEORGE "OUPA" MAGASHULA, ‘Sith Respondent \VISVANATHAN "IVAN" PILLAY Seventh Respondent RULE 16A NOTICE TAKE NOTICE THAT, in this application, the applicants have raised a corstitutional issue, TAKE NOTICE FURTHER THAT tho applicants e00k tho following roliot ‘on an urgent basis in Une application to@. declare unlawiul, review and set aside the decision, by one or ‘more of the first to fourth respondents, to bring criminal charges. ‘against and prosecute the fith respondent in respect of these charges ("the decision to prosecute”) b. declare unlawful and set aside the charges and the surrmons Under which they were instituted; and © secure a permanent stay in prosecution in relation to the charges, ‘TAKE NOTICE FURTHER THAT the applicants submit that the charges, the summons and the decision to prosecute are unlawful and irrational, having regard to the legal framework surrounding the charges and the evidence before the first to fourth respondents TAKE NOTICE FURTHER THAT GIVEN THE URGENCY OF THE MATTER any interested party may, withthe writen consent ofall the paris tothe proceedings, given not later than 3 days of the fling ofthis note, be edited as amicus curiae in the application, ypon such terms ‘and conditions as may be agreed upon in writing by the parties, TAKE NOTICE FURTHER THAT if any interested party is unable to ‘obtain the witten consent of any party, he or she may, by no later than 3 days of the expiry of the 3 day period above, apply to the above Honourable Cour tobe admitted as amicus curiag in these proceedings,DATED AT JOHANNESBURG ON 23 OCTOBER 2016 ee WEBBER WENTZEL Applicants’ Attomeys ‘90 Rivonia Road ‘Sandton 2196 Tel: (011) 530 6000 Fax: (011) 5305111 Ref: V Movshovich /P Dela / D Cron/ 0 Rafferty W Timm /T Dye 3012607 clo HILLS INCORPORATED ‘ATTORNEYS 836 Jan Shoba Street ‘Brooklyn Pretoria (0075 Tek 087 290 7318 Ref: L Pienaar To: THE REGISTRAR: High Court PRETORIA, AND TO: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS First Respondent Victoria and Grifiths Mxenge Building 123 Westlake Avenue Weavind Park Silverton Pretoria ‘lo STATE ATTORNEY SALU Building 316 Thabo Sehume Street Cnr Thabo Sehume and Frances Baard Streets Pretoria BY HAND BY EMAIL: skabrahams@npa.gov.za;AND TO: AND TO: ANO TO: hzwart@npagov.za DR JP PRETORIUS SC ‘Second Respondent Victoria and Grifiths Mxenge Bulding 123 Westlake Avenue Weavind Park Silverton Pretoria clo STATE ATTORNEY SALU Building 316 Thabo Sehume Street Cnr Thabo Sehume and Frances Baars Stroats Pretoria BY HAND BY EMAIL: Kbenjamin@npa.gov.za; ippretorius@npa.gov.za SIBONGILE MZINYATHI Third Respondent Victoria and Griffths Mxenge Bulling 123 Westlake Avenue Weavind Park Silverton Peatoria clo STATE ATTORNEY SALU Building 316 Thabo Sehume Street (Cnr 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 ‘THE NATIONAL PROSECUTING AUTHORITY Fourth Respondent Victoria and Griffiths Mxenge BulgingAND To: AND TO: 123 Westlake Avenue Weavind Park Silverton clo STATE ATTORNEY SALU Building 316 Thabo Sehume Street Cnr Thabo Sehume and Frances Baad Streets Pretoria BY HAND BY EMAIL: ‘skabranams@npa.gov.za; hzwart@npa.gov.za; kbenjamin@npa.gov.za; Ippretorlus@npa.gov.za PRAVIN JAMNADAS GORDHAN, mp Frith Respondent 40 Church Street (Old Reserve Bank Building 2° Floor Pretoria clo GILDENHUYS MALATJI Harlequins Office Park 164 Totius Street Groenkloot BY HAND, BY EMAIL: tmalati@gminc.co.za GEORGE "OUPA" MAGASHULA, Sixth Respondent ‘elo TILNEY INC Sifso Nxasena House 1" Floor 269 Oxford Re Movo Johannesburg BY HAND, BY EMAIL:AND To: michael@tiineyine.co.za VISVANATHAN "IVAN" PILLAY ‘Seventh Respondent clo ALLAN LEVIN & ASSOCIATES £80 Coriett Drive Melrose North Johannesburg BY HAND BY EMAIL: brad@ala.co. robert@ala.co.za