3
opposed by the applicant. After hearing argument and considering the matter the
application for a postponement was dismissed and the Court indicated that
reasons would be furnished later.
[6] Urgency, having been disputed by the fist respondent, was then argued
together with the merits and judgment was reserved and the Court indicated that
judgment would be handed down on the 9th February 2009.
[7] The first respondent, despite the Court's explicit directive in that regard,
failed to file heads of argument.
[8] The notice of motion reads as follows:
2.3
"1.
This application is declared to be urgent and
non-compliance with the rules of court
pertaining to time
limits, form and service
are condoned insofar as is
necessary;
2.
The following parts of section 33 of the
Electoral Act, No 73 of 1998, is declared to be in
conflict with sections 3(2)(a), 9(1), 10 and 19(3)(a)
of the Constitution of the Republic of South
Africa, Act 108 of 1996 (and thus invalid):
2.1
Subsection (1)(b);
2.2
The words “for purposes of a holiday, a
business trip, attendance of a tertiary
institution or an educational visit or
participation in an international sports
event” in subsection (1)(e).
The words “temporary” and “intended” where they
appear in subsection (1)(e).
3.
The conflicts mentioned in paragraph 2
above arises from the unequal treatment in
respect of the allowing of application for