IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA

CASE NO:

In the matter between:

MINISTER OF HOME AFFAIRS First Applicant

DIRECTOR-GENERAL OF HOME AFFAIRS Second Applicant

and

MARIÉ ADRIAANA FOURIE First Respondent

CECELIA JOHANNA BONTHUYS Second Respondent

and

LESBIAN AND GAY EQUALITY PROJECT Amicus Curiae

AFFIDAVIT

I, the undersigned,

THABO VICTOR LETAGENG

do hereby make oath and state as follows:

1. I am in the employ of the State Attorney (Pretoria). I am admitted as

attorney of the High Court of South Africa.

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2. Save where otherwise indicated, the facts to which I depose are based

on my personal knowledge and are true and correct. To the extent that

I rely on facts which are not within my personal knowledge, I verily

believe them to be true and correct.

3. I have been requested by Mr John Ngoetjana (an attorney of record) to

assist him in the serving and filing of this application for leave to appeal

to the Constitutional Court.

4. Mr John Ngoetjana informed me that he had contacted the attorneys

for the respondents and the amicus curiae, who indicated that their

offices were closed and that they would have no objection if this

application is served and filed in the new year.

5. I have since now been informed that communication has been

received from the Constitutional Court, indicating that this application

has to be filed by today.

6. My understanding is that the attorneys for the respondents and the

amicus curiae may not be in a position to file their answering papers

within the time-period in terms of rule 19. The applicants will have no

objection if their answering papers are served and filed in January

2004.
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DEPONENT

I CERTIFY THAT THE DEPONENT HAS ACKNOWLEDGED THAT HE/SHE

UNDERSTANDS THE CONTENTS OF THE DECLARATION WHICH WAS

SWORN TO/AFFIRMED BEFORE ME ON THIS THE DAY OF

DECEMBER 2004. THERE HAS BEEN COMPLIANCE WITH THE

REQUIREMENTS OF THE REGULATIONS CONTAINED IN

GOVERNMENT GAZETTE R1258, DATED 21 JULY 1972 AS AMENDED.

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COMMISSIONER OF OATHS