LSSA / RAF review application on the RAF Amendment Act could be heard as early as February 2010
2/12/2009

Notwithstanding the Applicants’ best endeavours to reach an agreement with the Respondents on the dates for filing of their answering affidavits, the parties could not reach any agreement.

The Applicants were left with no alternative but to approach the Deputy Judge President of the North Gauteng High Court for assistance.

An urgent pre-hearing conference was convened by Deputy Judge Shongwe, and Acting Judge Sapire was requested to preside over the conference. The purpose of the conference was for Acting Judge Sapire to issue a directive on the dates for filing of the answering affidavits, replying affidavits, heads of argument and a date for the hearing of the application.

The pre-hearing conference was held at the North Gauteng High Court on Monday 30 November 2009. The conference was attended by the legal representatives and counsel for the Applicants, the Respondents as well as two parties wishing to intervene in the application, being the Minister of Health and the National Treasury.

Each party was granted the opportunity to address Acting Judge Sapire on their views, whereafter Acting Judge Sapire adjourned the conference and indicated that he will consider the proposals raised and will issue a written directive during the course of the week.

The following directive was issued by Judge Sapire on Tuesday 1 December 2009:
“1. The parties are to approach the Deputy Judge President (Acting) forthwith, who will allocate a date for hearing sometime after 15th February (2010).

2. Any opposing parties, and any persons seeking to be joined as a party to oppose or support the relief sought, are to file their affidavits relating to both the merits and joinder before close of business on 15th January 2010.

3. Answering affidavits may be filed by 29th January.

4. Applicants’ heads of argument to be filed not less than ten days (not court days) before date of hearing, while those of Respondents including those seeking joinder are to be filed five days after service of Applicants’ heads.”
The Applicants will now request the Deputy Judge President to allocate a date for the hearing of the application, which may be as early as February or March 2010.

Nicolette Koch
Partner
nicolette-k@adamsadams.co.za