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IN THE HIGH COURT OF SOUTH AFRICA

(WESTERN CAPE DIVISION, CAPE TOWN)

CASE NO: 20182/2015

2015/10/19

 

Before the Honourable Mr Justice Yekiso

CAPE TOWN: Monday, 19 October 2015

 

In the matter between:

 

UNIVERSITY OF CAPE TOWN                                                                                       Applicant

and

RHODES MUST FALL                                                                                          First Respondent

#FEES MUST FALL                                                                                           Second Respondent

LEFT STUDENTS MOVEMENT                                                                       Third Respondent

UCT TRANS COLLECTIVE                                                                            Fourth Respondent

SASCO UCT                                                                                                            Fifth Respondent

PASMA UCT                                                                                                           Sixth Respondent

PATRIARCHY MUST FALL                                                                           Seventh Respondent

UCT LEFT STUDENTS MOVEMENT                                                            Eighth Respondent

THATHO PHULE                                                                                                 Ninth Respondent

BRIAN KAMANZE                                                                                              Tenth Respondent

RU SLAYEN                                                                                                     Eleventh Respondent

MZOMHLE BIXA                                                                                             Twelfth Respondent

·

DRAFT ORDER

HAVING HEARD COUNSEL FOR THE APPLICANT, IT IS ORDERED:

1. A Rule nisi is issued calling upon the Respondents to appear and show cause, if any, to the above Honourable Court on Monday 23 November 2015 at 10h00 or so soon thereafter as the matter may be heard, why an order should not be granted:

1.1 Interdicting and restraining the Respondents and any other persons from:

1.1.1 Disrupting or otherwise interfering in any way with the normal activities of the University including but not limited to:

1.1.1.1 the administration of the Applicant;

1.1.1.2 all lectures and tutorials on all campuses;

1.1.1.3 the work of the libraries;

1.1.1.4 graduation ceremonies; and

1.1.1.5 examinations and tests.

1.1.2 Barricading entrances to all the campuses of the Applicant;

1.1.3 Committing arson, vandalising, damaging or occupying any buildings on all campuses;

1.1.4 Intimidating, threatening, harassing or hanning:

1.1.4.1 any employees of the Applicant,

1.1.4.2 any students of the Applicant; or

1.1.4.3 any other persons present on the Applicant's campuses.

1.1.5 Inciting persons to enter or be upon the property of the Applicant for the purpose of unlawfully occupying or invading the property or threatening or preventing those persons lawfully entitled to occupy the property; and

1.1.6 Preventing Francis Petersen, Danie Visser, Russell Ally and Anwar Mall from returning to work.

1.2 Directing that, in the event of a failure by the Respondents, to comply with the above interdict, that the Sheriff of this Court, assisted insofar as may be necessary by the South African Police Services, shall be authorised and directed to ensure compliance with the interdict

1.3 Directing that the Sheriff may remove all existing barricades and be authorised to remove any new barricades which may be erected;

2. Pending the return date, the provisions of paragraph 1 shall act as an interim interdict;

3. Respondents can anticipate the return day on 72 hours’ notice;

4. Service of this order shall be effected in the following manner by not later than 06:00 on 20 October 2015;

4.1 By email to all Students;

4.2 By posting it on the University's website;

4.3 By service by Sheriff on the Respondents by loud hailer;

4.4 By posting a copy thereof at all entrances to all University campuses; and

4.5 By e-mailing notice to the e-mail addresses of the Respondents.

 

BY ORDER OF COURT

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COURT REGISTRAR

FAIRBRIDGES WERTHEIM BEKKER

HIGH COURT BOX NO: 42

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