DU PLESSIS & KRUYSHAAR IN THE HIGH COURT OF SOUTH AFRICA 55 A GAUTENG DIVISION, PRETORIA TEL 086 100 0779 CASE NO: 4087/17 In the matter between: THE TRUSTEES FOR THE TIME BEING OF GROUNDWORK TRUST Applicant and THE MINISTER OF ENVIRONMENTAL AFFAIRS First Respondent CHIEF DIRECTOR: INTEGRATED ENVIRONMENTAL AUTHORISATIONS, DEPARTMENT OF ENVIRONMENTAL AFFAIRS Second Respondent THE DIRECTOR: APPEALS AND LEGAL REVIEW DEPARTMENT OF ENVIRONMENTAL AFFAIRS Third Respondent KUYASA MINING (PTY) LTD Fourth Respondent KIPOWER (PTY) LTD Fifth Respondent APPLICANT'S NOTICE OF COMPLAINT IN TERMS OF RULE 30 AND RULE 30A Please take notice that the Applicant hereby gives notice that the following aspects of the Notice in terms of Uniform Rule 6(5)(d)(iii) served by the First, Second and Third Respondents (the ‘Government Respondents’) dated 29 June 2018 (the ‘Government Notice’) comprise irregular steps and/or a failure to comply with the Rules of Court: 1 The Government Respondents have failed to file a notice of intention to oppose the above matter, either prior to the delivery of the GovernmentNotice or at all, as required in terms of Uniform Rule 6(5)(d)(i) read with Uniform Rules 6(5)(d)(ii) and 6(5)(d)(i). In the absence of a notice of intention to oppose, the filing of the Rule 6(5)(d)\iii) notice is impermissible andior irregular. The purported Rule 6(5)(d)\(ii) notice is out of time. 2.1 The founding papers in the above matter were filed on 4 August 2017 with the supplementary papers filed on 1 December 2017. 2.2 The purported Rule 6(5)(d)(iii) notice was formally served on 2 July 2018, without any attempt to seek condonation for the late filing of the purported notice and the (non-existent) notice of intention to oppose. The Government Respondents have failed to comply with Rule 6(5)(d)(ili), which permits the filing of a notice in terms of that rule if the respondent “intends to raise any question of law only’ 3.1. The Government Respondents make expressly clear in their purported Rule 6(5)(iii(d) notice that they still intend to file “an Opposing Affidavit to the Founding and Supplementary Affidavits of the Applicant’ 3.2 This renders the use of Rule 6(5)(ii)(d) impermissible and/or irregular. The relief sought in the purported Rule 6(5)(ii)(d) notice is impermissible.4.1 The notice seeks an order for joinder, a stay of the above matter pending such joinder, and the dismissal of the above matter failing the requested joinder. 4.2 This relief is not permissible in a Rule 6(5)(iii)(d) notice. Please take further notice that the Applicant hereby affords the Government Respondents a period of 10 (ten) days within which to remove the causes of complaint referred to above, to the extent possible in law, and that, if the Government Respondents fail to remove these causes of complaint within this time period, the Applicant intends to apply to the above Honourable Court in terms of Rules 30 and/or Rule 30A to have the Government Notice set aside, in its entirety with costs. DATED at Pebinin on this the th day of JULY 2018. CENTRE FOR ENWRONMENTAL RIGHTS Applicant's Attomeys 1 Scott Road Observatory CAPE TOWN Tel: 021 447 1647 Fax: 086 730 9098 Email: rhugo@cer.ora.za Ref: CER34.18 C/O DU PLESSIS & KRUYSHAAR Office No. 2 Sovereign Drive 118 Route 21 Corporate Park Irene, Pretoria Tel: 086 100 0779 Fax: 086 548 0837TO: AND TO: Email: kruyshear@dupkruys.co.za Ref: Rentia Kruyshaar/CER [e004 THE REISTRAR OF THE ABOVE HIGH COURT Pretoria THE STATE ATTORNEY Attorney for the First, Second and Third Respondents SALU Building 316 Thabo Sehume Street Pretoria Email: EbSnyman@iustice.gov.za MACROBERT ATTORNEYS Attorney for the Fourth and Fifth Respondents MacRobert Building Cnr Justice Mahomed & Jan Shoba Streets Brooklyn Pretoria Tel: 012 425 3400 Fax: 012 425 3600 Email: keameron@macrobert.co.za