C&a Letter To JCM Justices
C&a Letter To JCM Justices
22 January 2024
Per email:
1. Anna-Marie A. Nieuwoudt [email protected] (Ms)
2. Siviwe Sidesha [email protected] (Mr)
3. Avela Mbelani [email protected] (Ms)
1. We refer to the above matter in which we are waiting for the appointment of
a trial judge to complete the proceedings.
2. The matter was allocated as a special trial and plaintiffs closed their case on
12 June 2023. Thereafter, the matter was set down for twenty (20) days to
complete the evidence of the defendants from 6 to 16 November and 4 to 15
December 2023. The matter was unfortunately not heard during this period.
What transpired was that the trial judge, Sardiwalla J, was boarded on 24 July
2023. The plaintiffs were advised on 6 November 2023 that Sardiwalla J
could not finalise the trial.
3. The defendants have argued that the matter should commence de novo. This
is disputed by the plaintiffs, who rely on their rights in terms of section 34 of
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the Constitution. The plaintiffs submit that the matter should proceed before
a different judge on the record before Molefe J and Sardiwalla J.
5. For several reasons, it is urgent that a new trial judge be appointed to replace
Sardiwalla J.
6. The 1st to 7th Plaintiffs have now appointed senior counsel, Advocate T N
Ngcukaitobi SC, to act on their behalf.
7. In discussions with Advocate Ngcukaitobi SC, the plaintiffs hereby make the
following proposals for a roadmap to expedite the finalisation of the special
trial:
Yours faithfully
Copies to:
Per email:
1. Dineo S. Mthiyane [email protected] (Ms)
2. Clement Mabunda [email protected] (Ms)
And
Per email:
1. [email protected]
2. [email protected]