CONSTITUTIONAL COURT OF SOUTH AFRICA In the matter between: MINISTER OF HOME AFFAIRS DIRECTOR-GENERAL: DEPARTMENT OF HOME AFFAIRS and LAWYERS FOR HUMAN RIGHTS Inve LAWYERS FOR HUMAN RIGHTS and MINISTER OF HOME AFFAIRS DIRECTOR-GENERAL: DEPARTMENT. OF HOME AFFAIRS MINISTER OF POLICE MINISTER OF JUSTICE AND CONSTITUTIONAL, DEVELOPMENT BOSASA (PTY) LIMITED t/a LEADING PROSPECTS TRADING and PEOPLE AGAINST SUFFERING, OPPRESSION AND POVERTY Case CCT 3816 First Applicant Second Applicant Respondent Applicant First Respondent Second Respondent ‘Third Respondent Fousth Respondent Fifth Respondent ‘Amicus Curiae‘The Chief Justice has issued the following directions: 1 Dr Pakishe Aaron Motsoaledi, the Minister of Home AVfirs, and Mr Livuwani Tommy Makhode, the Director-General: Department of Home fairs, must, on of before Thursday, 15 June 2023, show cause, on affidavit, why: (@) they should not be joined in their personal capacities to these proceedings; and (b) they should not be held personally liable for the costs of this application by reason of “ Gi the failure to take the necessary steps to enact remedial legislation as ordered by this Court in this matter on 29 June 2017; and the manner in which this tigation bas been sondueted: (2a) the absence of an apology forthe failure in (i) above; (bb) the ill-conceived “revival” application inthis Court Which was motivated not by the fact hat the deadline to pass constitutionally compliant ‘egislation has expired, but by the fact that Magisirates refuse to hear section 34 applications; (cc) _ bringing the application inthis Courton an ex parte basis and the failure to cite Lawyers for Human Rights asa respondent in this Court and the ‘opposition to their application to ntervene as @ party; (Gd) approaching the High Court on an exparte basis, not citing LHR as a party and not serving the papers on itand (ee) seeking refuge for the inordinate delay in bringing this application in the Covid-19 pandemic and the fire at Parliament, events that occurred long after the deadline of 24 months had passed, while failing to take steps to approach this Court timeously for an extension before the expiry of the deadline to enact remedial legislation on 29 June 2019.Lawyers for Human Rights the respondent, may, if so aivised, file an Tdavit in answer to Dr Motsoaledi and Mr Makhode’s sfidavit(s), on i before Thursday, 22 June 2023. ) Dr Motsoaledi and Mr 13 July 2023; and REGISTRAR — CONSTITUTIONAL COURT ‘TO: STATE ATTORNEY, PRETORIA Attorneys for the Applicants SALU Bujlding 316 Thabg Schume Street PRETORIA, Tel: 012 po seo a8 1500 /012 309 1570 io oko@justice gov. asker gov.28 MEIN No / 348720142787 AND TO: LAWYERS FOR HUMAN RIGHTS ‘tore forthe Respondent 44h Floor, Southpoint Comer Building 87 De Korte Street (comer Melle)JOHANNESBURG ‘Tel: 011 320 2943 /073 637 0048 / 011 339 1960 Fax: 011 339 2665 Email: nabeclah@ith.org.za/tumelo@ilh.org.za Ref: SLP/4/PTA,