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Applicants Notice of Intention to Oppose

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					IN THE HIGH COURT OF SOUTH AFRICA DURBAN AND COAST LOCAL DIVISION CASE NO 4576/2006 In the matter between: EN BM DM EJM LM1 MAZ MSM ND NS SEM TJX TS VPM ZPM LM2 TREATMENT ACTION CAMPAIGN and THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA HEAD, WESTVILLE CORRECTIONAL CENTRE MINISTER OF CORRECTIONAL SERVICES AREA COMMISSIONER OF CORRECTIONAL SERVICES, KWAZULU NATAL MINISTER OF HEALTH MEMBER OF THE EXECUTIVE COUNCIL FOR HEALTH KWAZULU NATAL First Respondent Second Respondent Third Respondent Fourth Respondent Fifth Respondent Sixth Respondent First Applicant Second Applicant Third Applicant Fourth Applicant Fifth Applicant Sixth Applicant Seventh Applicant Eighth Applicant Ninth Applicant Tenth Applicant Eleventh Applicant Twelfth Applicant Thirteenth Applicant Fourteenth Applicant Fifteenth Applicant Sixteenth Applicant

_____________________________________________________________ NOTICE OF INTENTION TO OPPOSE _____________________________________________________________

KINDLY TAKE NOTICE THAT the Applicants intend to oppose the application for leave to appeal to the Full Bench of the Natal Provincial Division or the Supreme Court of Appeal filed by the Respondents on 6 July 2006 against the whole of the judgment of His Lordship Mr Justice Pillay, which was handed down on 22 June 2006 and subsequently amended on 30 June 2006.

The Applicants’ intention to oppose the application for leave to appeal is based on the following grounds:

a. The application brought by the Applicants in which judgment was granted in their favour by His Lordship Mr Justice Pillay was and remains urgent;

b. The application for leave to appeal and the subsequent appeal process both to the Natal Provincial Division and the Supreme Court of Appeal and possibly thereafter to the Constitutional Court will in all likelihood take a long time, thus seriously prejudicing the health and life Applicants; and

c. The undisputed evidence of the applicants amply demonstrates that the applicants have a clear right to the expedited treatment they seek and this is supported by the respondents' own policy framework.

d. The legal framework demonstrates equally that the applicants have a right to the expedited treatment they seek, as is apparent from the judgment of His Lordship Mr Justice Pillay.

e. The effect of the application for leave to appeal is to suspend the order of the above Honourable Court, thus rendering that order meaningless.

f. Any delay brought on by an appeal in this matter will further compromise the already serious health status of the first to 15th applicants, as well as other similarly situated prisoners, which will inevitably lead to death.

g. There are no prospects that another court could come to a different decision on the merits of this matter.

TAKE NOTICE FURTHER that the Applicants deliver simultaneously with this notice, notice of an application for leave to execute pending appeal.

DATED AT DURBAN ON THIS ___ DAY OF JULY 2006

_____________________ Fatima Hassan AIDS Law Project AttorneyS for Applicants c/o PNH Attorneys 4th Floor 6 Durban Club Place DURBAN REF: Ms S Pillay Telephone: (031) 305 7225

TO:

THE REGISTRAR High Court Durban and Coast Local Division STATE ATTORNEY Attorney for the Respondents 3rd Floor Sangro House, 417 Smith Street DURBAN (Ref: Ms K Kisten - 191/000258/06/E/P27)

AND TO:

Received copy hereof this ___ day of July 2006

_______________ For State Attorney


				
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Description: Applicants Notice of Intention to Oppose