Ndiyabulela

> IN THE HIGH COURT OF SOUTH AFRICA
>
> (WESTERN CAPE HIGH COURT (CAPE TOWN) ) Case Number: 12174/2008
>
>
> In the matter between:
>
>
> SALZWEDEL ERNEST MOTSOKO
>
> Applicant
>
>
> AND
>
>
> THE PAN AFRICANIST CONGRESS OF AZANIA
>                                                                  First
> Respondent
>
>
> THE SPEAKER OF THE NATIONAL ASSEMBLY
>                                                                 Second
> Respondent
>
>
> LETLAPA MPAHLELE
>
>         Third Respondent
> ___________________________________________________________________________________________________________________
>
>
>
> NOTICE OF MOTION
> ___________________________________________________________________________________________________________________
>
>
> PLEASE TAKE NOTICE THAT The Applicant intends to make application to this
> court on Friday. 17 AprIl 2009 at I0h00 or as soon thereafter as the
> matter might be heard, for an order in terms of which:
>
>
> 1. The First Respondent’s opposition to the application under case number
> 12174/2008 is struck out;
>
>
> 2. The Respondents are directed not to give effect to the resolution
> passed by the National Congress on 4 — 6 July 2008 of the First
>
>     Respondent upholding the decision of the National Executive Committee
> to expel the Applicant as a member of the First Respondent
>
>     (‘the resolution’);
>
> 3. Interdictlng and restraining the Second Respondent from swearing any
> person in as a member of the Provincial Legislature in the place and
>
>     stead of SALZWEDEL ERNEST MOTOSOKO PHEKO (‘the Applicant”);
>
>
> 4. Setting aside and declaring to be null and void the resolution which
> was passed by the National Congress on 4 — 6 July 2008 upholdIng
>
>     the decision of the National Executive Committee to expel the
> Applicant as a ,member of the First Respondent (‘the resolution”);
>
>
> 5. Setting aside and declaring to be null and void the Constitution which
> was allegedly adopted by the First Respondent at its meeting of 4-6
>
>     July 2008;
>
>
> 6. The First Respondent is ordered to pay the costs of:
>
>
>    6.1 the application brought under case number 12174/2008; and
>
>
>    6.2 this application.
>
>
> 7. Further and alternative relief.
>
>
> BE PLEASED TO TAKE NOTICE FURTHER that the accompanying affidavit deposed
> to by KENNETH JOHN BREDENKAMP will be used in support of the Application.
>
>
> KINDLY ENROL THE MATTER FOR HEARING ACCORDINGLY.
>
> DATED AT CAPE TOWN THIS  8th DAY OF APRIL 2009
>
> K .J BREDENKAMP ATTORNEYS
>
>
>
>
>
> ___________________
>
> KEN BREDENKANMP
> Attorney for Applicant
> Ground floor
> Keerom Street Chambors
> D Keerom Street
> Cape Town
> Phone:
> Fax:
> (083) 4921 075
> (088) 6160919
>
>
> TO: THE REGISTRAR OF THE HIGH COURT
>
>       QUEEN VICTORIA STREET, CAPE TOWN
>
>
> AND TO: MR. AZI ROSE ATTORNEYS
>
>             ATTORNEYS FOR THE FIRST RESPONDENT
>             (THE PAN APRICANIST CONGRESS OF AZANIA)
>
>             405 SCOISS CORNER
>             10 PLEIN STREET
>
>             CAPE TOWN
>
>
>
>
>
>> Date: Thu, 14 May 2009 16:44:28 +0100
>> Subject: [PAYCO] Re: GATHERING OF PAN AFRICANISTS - 6 & 7 JUNE 2009
>> From: [email protected]
>> To: [email protected]
>>
>>
>> Dear africanist
>>
>> Thank you for forwading the doc judgement: Dr Pheko v PAC & Letlapa
>> Mphahlele , i still find difficulties in retrieving this doc. I will
>> be glad if anyone can forward it again.
>>
>> I remain a true daughter of soil.
>>
>> Humbulani Rannenyeni
>>
>> On 5/12/09, Hulisani Mmbara <[email protected]> wrote:
>> >
>> >> From: [email protected]
>> >> To: [email protected]
>> >> Date: Mon, 11 May 2009 17:01:13 +0000
>> >> Subject: GATHERING OF PAN AFRICANISTS - 6 & 7 JUNE 2009
>> >>
>> >> Comrades
>> >>
>> >> An initiative has been taken to call an ad hoc meeting of Pan
>> Africanists
>> >> in all their formations and structures to discuss the revolutionary
>> path
>> >> towards revitalising the PAC of Azania. The meeting is tentatively
>> set for
>> >> 6 June in Bloemfontein.
>> >>
>> >> The Pan Africanist Youth Congress of Azania [PAYCO] is invited to
>> >> participate and contribute in the resolution of the conundrum that
>> we, Pan
>> >> Africanists, find ourselves in with regard to the internal workings
>> of the
>> >> PAC. We would prefer that PAYCO and other participants present a
>> position
>> >> paper of their analysis of the current goings-on and how to overcome
>> the
>> >> stumbling blocks.
>> >>
>> >> As it stands, the outcomes of the court interdict in the Pheko vs PAC
>> and
>> >> Others case has nullified the Alice congress and its resolutions, its
>> >> amendments to the PAC constitution, and its election of leadership.
>> Even
>> >> the Puthaditjhaba congress held in 2006 would not claim legitimacy
>> since
>> >> it was hurriedly closed before complete elections of the NEC could
>> take
>> >> place. The condition therefore puts the PAC leadership structure in a
>> >> limbo. The intention of the initiative is to rectify the misguided
>> style
>> >> of work in the Party and to map out the revolutionary path that would
>> lead
>> >> to the PAC uniting with the Azanian masses.
>> >>
>> >> We would greatly appreciate your attendance. More details on the
>> logistics
>> >> would follow as arrangements are finalised.
>> >>
>> >> Regards
>> >>
>> >> Jaki Seroke
>> >>
>> >> Sent via my BlackBerry from Vodacom - let your email find you!
>> >
>> >
>> >
>> > Free upgrade for your Windows Live Messenger! Click here!
>> > _________________________________________________________________
>> > What can you do with the new Windows Live? Find out
>> > http://www.microsoft.com/windows/windowslive/default.aspx
>> > >
>> >
>>
>> --
>> Sent from my mobile device
>>
>> >
>
> _________________________________________________________________
> Join the all-new Windows Live Messenger family
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> >
>



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