IN THE HIGH COURT OF SOUTH AFRICA BOX 42 PEDAL POWER ASSOCIATION NOTICE OF MOTION

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1 IN THE HIGH COURT OF SOUTH AFRICA BOX 42 (WESTERN CAPE HIGH COURT, CAPE TOWN) CASE NO. In the matter between : PEDAL POWER ASSOCIATION Applicant and CYCLING SOUTH AFRICA Respondent NOTICE OF MOTION BE PLEASED TO TAKE NOTICE THAT that the above named Applicant intends to make application to the above Honourable Court for an order in the following terms: 1. To the extent necessary, condoning non-compliance with this Court s rules. 2. Declaring in accordance with s19(1)(a)(ii) of the Supreme Court Act 59 of 1959 (and, to the extent relevant, s8(d) of the Promotion of Administrative Justice Act 3 of 2000) Fairbridges Amanda Torr Tel: (021)

2 2 2.1 That the Applicant does not require prior sanction or approval of the Respondent or its members, for cycling events organised by the Applicant, including fun rides or league rides. 2.2 The deletion of clauses 11 and 13 of the 2004 Constitution of the Respondent was invalid as the deletions did not comply with clause 13 of the 2004 Constitution of the Respondent. 2.3 The Respondent has repudiated its 2004 Constitution, which repudiation was accepted by the Applicant. 2.4 The Applicant shall, in perpetuity, have the right to: register as their members individuals regardless of their area of domicile within or outside of the Republic; have free and unfettered ownership and control of their own assets and income and be solely liable for their obligations; continue to carry out their business; set and operate their domestic fun ride calendars and generally operate and control all their recreation tours; fun rides and league rates within their geographical jurisdiction (after consultation with the Road Commission and MTB Commission). Subject to the following:

3 3 "Inasmuch as CYCLING SOUTH AFRICA is willing to allow Pedal Power Association and Gauteng Pedal Power Association the autonomy rights contained in by reason of their success in developing recreational cycling and competitive cycling in terms of successful models whereby these aspects of the sport are combined, particularly in mass participation events, should PPA and/or GPPA for any reason discontinue this even-handed approach by, for example, contracting its racing calendar, abandoning league events or taking any other steps which in the reasonable opinion of CYCLING SOUTH AFRICA constitutes unfair discrimination against competitive racing in favour of recreational cycling including fun rides in the Western Cape, then PPA s and/or GPPA s autonomy in respect of competitive racing shall, at the instance of CYCLING SOUTH AFRICA, terminate and to the this extent PPA and/or GPPA as the case may be, shall fall under the instruction of CYCLING SOUTH AFRICA through its Board of Trustees and appropriate National Commissions. In all other respects however PPA s and/or GPPA s autonomy shall continue in the manner aforestated". 3. Interdicting and preventing the Respondent, and officials or employees acting under the aegis of the Respondent or its members, from representing to any

4 4 person or body (including commercial sponsors; local authorities; national, provincial or local traffic and policing authorities; or cyclists) that: 3.1. the Applicant requires the prior sanction of the Respondent and/or its members for any fun rides or league races; or 3.2. the sanction of the Respondent and/or its members is a pre-requisite for any other necessary permission or approval granted by national, provincial or local authorities. 4. Further and/or alternative relief. 5. That the costs of this application be borne by the Respondent, in the event that it opposes the relief sought in this application. TAKE NOTICE FURTHER that the affidavit of STEPHEN HAYWOOD, DAVID CARLYON COLLINGWOOD BELLAIRS, KARIN POHL and the confirmatory affidavit of HENDRIK ADRIAAN MEINTIJIES will be used in support of this application. TAKE NOTICE FURTHER that the Applicants have appointed the offices of Fairbridges, 16 th Floor, Main Tower, Standard Bank Centre, Heerengracht, Cape

5 5 Town, as the address at which it will accept notice and service of all process in these proceedings. TAKE NOTICE FURTHER that if any of the Respondents intend opposing the application they are required to: (a) notify Applicants' attorney in writing within 5 (days) days of receiving this Notice of Motion; and (b) in that notice, appoint an address referred to in Uniform Rule 6 (5)(b) at which they will accept notice and service of all documents in these proceedings. (c) The Respondent shall thereafter be entitled within 15 (fifteen) days of filing notifying the applicant of its intention to oppose the application, deliver his or her answering affidavit, if any, together with any relevant documents; and the Applicant shall thereafter within 10 (ten) days of the service upon him of the affidavit and documents as aforesaid, deliver a replying affidavit. (d) In the event that no notice of intention to oppose is received as aforesaid the matter will be set down for hearing on JUNE DATED AT CAPE TOWN ON THIS DAY OF MAY FAIRBRIDGES AMANDA TORR

6 6 Attorneys for Applicants 16 th Floor, MainTower Standard Bank Centre Heerengracht CAPE TOWN (Ref: AT/jo/CIT83/0136) Tel: Fax: TO: THE REGISTRAR High Court of South Africa CAPE TOWN AND TO: CYCLING SOUTH AFRICA Respondent 3 RD Floor, Skyscape Terraces DJ Wood Way Bellville Business Park Bellville Western Cape AND TO: GAVIN TINKLER & ASSOCIATES Respondent's Attorneys 1 Draper Square 1 Draper Street Claremont Western Cape