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5
The application was opposed by the first, fifth, sixth, seventeenth, eighteenth,
twentieth, twenty-third, twenty-fourth and twenty-fifth respondents. For reasons that
will be set out in the full judgment, the court ruled that the opposing papers filed by
the fifth, sixth, seventeenth and twentieth respondents were i)
not properly before the Court, and
ii)
should be expunged from the record with no order as to costs.
The sixth and eighteenth respondents indicated that they would abide by the decision
of the Court.
Whether the application is properly before the Court
The respondents took several points in limine including that the application filed by
the applicant was not properly before the Court. This was because, although filed
within seven days, as is stipulated by section 93 of the Constitution, the application
was served on the respondents on the eighth day in violation of rule 23(2) of the
Rules of the Constitutional Court 2016 (“the Rules”).