IN THE HIGH COURT OF SOUTH AFRICA (WITWATERSRAND LOCAL DIVISION! CASE NO' In the matter between. WAVEI3LEY: REAGAN Applicant Clnd 100II -09- 1 J NtCHOl S: THERESA Respondent " H20 NOTICE OF MOTION PART A BE PLEASED TO TAKE NOTICE THAT the Applicant Intends 10 make application to the above Honourabte Court on Friday, the 26' day of September 2008 at 1OhOO 0( as soon thereafter as COIJnset may be heard fOf an order In tho following lerms Dispensll ig With the terms and procedures and cortdoOing the Applicant- s non-compli:lnce With Ihe rules of the above Honourable Court and more specIfically, those rules l elatlng 10 bme peflods, and heanng thiS application as one of urgency In terms of Rule6(12), 2 That a declaratory order be granted In terms of which the Applicant be declared 10 be lather as contemplated In Section 21 of the Children's Act No 38 of 2005; 3 That tile ApptlCant be aWaldcd full parental responSibili ties and nghts In respect of the minor child HANNAH THERESA .,. WAVERLEY("HANNAH"), subject to the Respondent's reasonable nghts of contact pendmg the outcome of Part B hereof the final delermmahOflln this regard. which reasonable rights of contact are to be specIfically determined by this Honourable Coort as follows, m/8( aha 3 1 All VISits to be subject to supervision, and 3.2 The Respondent IS not allowed to take the minor child to her e)(boyfriend, CLINTON ERASMUS's place of residence 4 That the ApplICant be awarded primary residence of the minor child pendmg the outcome of Part B hereof, 5 ThaI the Respondent forthWIth put the minor chifd In the care and control of the Applicant pending the outcome of ParI B hereof, 6 AlternatIvely. In specific to paragraphs 61 2 and 6 1 3 above, the Applicant be awarded reasonable rights of contact WIth the mlno( child pending final determination in thi s regard, which fights of contact to be specifically defined by thiS Honourable Court as follows, mtor alia 61 every Monday to Fnday from 09hOO 10 18hOO and every second weekend from t8hOO on Friday until 18hOO on Monday, 62 every public holiday 63 every alternate Christmas holiday 15 December to 15 January. 6 4 every alternate birthday of the minor Child. , 6.5 Every father's day; and 6 6 The Applicant's birthday 7 Requestmg and Directing the Family Advocate 10 InvestIgate the question of care, control and contact relating to the minor child and to furnish this Honourable Court with a report as to the findings, 8 The Respondent 10 pay the costs of thiS application. 9 Further and/or alternative relief TAKE NOTICE FURTHER THAT the attached affidaVIts of REGAN JOSE WAVERELY togelherwlth the annexures thereto. WIll be used In support of rhls application TAKE NOTICE FURTHER THAT the Applicant has appointed Dean C WOber Inc, Nr 30 Scvenl/r Streof, Park/oIYn Nofflr, Johannesburg, at which he WIll accept nollce and service of all process in these proceedings TAKE NOTICE FURTHER THAT If you Intend OPPOSing thiS application you are requned (0) 10 notIfy Applicant's attorneys In by telefax or telephone on or before 12hOO on Thursday, the 25'" of September 2008 of your intention to oppose the application, and (bi to lite yOUf answering affidaVits if any_ on or before 12hOO on Thursday, the 25'" of September 2008 ~ -If no such notice o f intenti on to oppose be given, the application will be made on the 26" day of September 2008. PARIS BE PLEASED TO TAKE NOTICE THAT the Applicant inlends to make appllcabon to this Honourable Court on the 25" day of November 2008, at 10hOO Of as soon thereafter as counsel may bc heard for an order In the follOWIng terms10 Th(lt the Applicant be awarded l un parental responsibihtJes and nghls In respect of the minor child HANNAH THERE SA WAVERLEY( " HANNAH" ). subJehabnation betWttll the..,.".., r-toa has "miM''''' Cotuodtnn& !he dur;It'"n of ""'''onslur (eltbl )'Ut1J and IhIII mlno< < ... r-r rho olLd..a''Il:e,-\, ......c p i::t; them ill true cnp.:s. QoJ\: IItIll rmu-:r Ih e pn,!wab 10 tne aoplic:tllL , b=:-:'!try ';'31 Jh= :r.io:-...rioc 'i-y 0: :.s = md ==! f.atC:r tbI1 UD zg,=:haI It is J oif=1I;):r.aU 3 mr-mm: ! mI U lWIIr- frIal ::-! do Dot prIM.:!: aD mio:m'DIXi n ::auld re:sult lfi dr-",1l. .'"'Lcio:am:;nt foran pa,-'f o( tb: ,..on of til t IOUU::o.pt !:pnd \I f gt"noM ,f 4J.,r .""_a.,,oUoc ap lnt...,'!!..ffi!!"';tltlp Or-d:;;e,/ NOTI CE: TO APPLICANT AND RESPONDENT, lo You 2zh haY!: the rishl to legal ()l te =.1=1 O""ll 11,,11 caIlDOt afford the 5:1""1= oi a YOII ;nay llpp!)' for L%:aJ Aid Bllard Stanru.n:l Ba.nJi Bui\dm; l Oth F\oor SITed. GermistOIl :;> T il Resnopdent: U YOIl wid> to opp.l ~ .t,..-J. 3 I have been working as a housekeeper f or the Applicant In thIS matter Since 2003 4 Save fOf othelWl5e staled, the facts herein contained fall WIthin my personal knowledge and ale, to the best 01 my knowledge and behef, both true and COffeel 5 NOTICE OF R1648 OF 2 I have read theaffidavrt deposed to by REGAN JOSE WAVERLEY . and confirm the contents thereof Insofar as It relates to me. DEPONENT r HEREBY CERTIFY THAT THE DEPONENT HAS ACKNOWLEDGED THE HE/SHE KNOWS AND UNDERSTANDS THE CONTENTS OF THIS AFFIDAVIT, WHI CH WAS SIGNED AND ~ O R N TO BEFORE ME AT JOHANNESBURG ON THE f.LJ DAY OF J ~ ~ 2008, THE REGULATIONS CONTAINED IN GOVERNMENT NOTICE NO R1258 OF JULY 1972, AS AMENDED. AND AUGUST 1977, AS AMENDED, HAVING 1(1,'1" ..... _ , U I IN THE HIGH COURT OF SOUTH AFRICA (WITWATERSRAND LOCAL DIVISION) CASE NO: In the matter between WAVERLEY; REGAN JOSE Applicant and NICHOLLS; THERESA Respondenl CONFIRMATORY AFFIDAVIT I lIle underSlQned. PRECIOUS SIBANDA do hereby make oath and state thai I am an adult female housekeeper, reSiding at Nr 10 Goldndge Court cm Van den Meer & Klein Streets, Hilibrow 2 I have already deposed 10 a confirmatory affidaVit in support of this application on 20 September 2008 3 Save for otherwise slated, the facts herein contained fall Within my personal knowledge and are, to the best of my knowledge and belief, both true and corfect .//. I 11 4 I have read the supplementary affidavit deposed 10 by REGAN JOSE WAVERLEY In further support or this applicabofl, and confirm the contents thereof Insofar as it relates to me \ DEPONENT I HEREBY CERTI FY THAT THE DEPONENT HAS ACKNOWLEDGED THE HEJSHE KNOWS AND UNDERSTANDS THE CONTENTS OF THI S AFFI DAVIT, WHI CH WAS SIGNED AND SWORN TO BEFORE ME AT JOHANNESBURG ON THE ../Q DAY OF 2008. THE REGULATIONS CONTAINED IN GOVERNMENT NOTICE NO R1 258 OF JULY 1972, AS AMENDED. AND GOVERNMENT NOTICE OF OF AUGUST 1977. AS AMENDED. HAVING BEEN COMPLIED WITH. /4, .. COMMISStONEiGF OATHS FULL NAMES: I ADDRESS: SANDRA M WHALLEV y." 11 " COl"'" (. _. Proi'ery single day. I am a social dnnker and I only drink alcohol three times per week, al the most 10 2 It IS correct that I used Ecstacy on the night I met the Respondent at the party. Howe>'er, when I went to the party I was ill with flu. I lold the Respondent and she ga>'e me the tablet, saying it was a Telfast 180 antihistamine tablet which would make me feel better. The Respondent knew full well that I do not use drugs of any type and that I an >'ehemently anll-drugs I took the tablet , unaware thai it was Ecstacy. The situation turned oul as a big joke amongst the Respondent and her fnends for conning me Into taking Ecstacy With them The Respondent later told me that she herself had used ten or ele>'en Ecstacy tablets that night and that she had / ~ J 5 to use cocaine to, In her 'NOrds, "get straight" 10.3 It IS Incorrect that the Respondent have not abused cocaine Since July 2007 t attach hereto an affidavit deposed to by GERAl YNN NAUDE. dated 31 September 2008, after she had read my founding affidavit and the Respondent's answenng affidavit, mar1o;ed anneKure " RW9" 11 15 I have been adVised that, in terms of SectIOn 21(1){a) and 21(1)(b)(ii) and (iii), I acqUire full parental responSIbilities and nghts in respect of the minor child, HANNAH. The Respondent neither deny that the two of us were liVing together in a permanent life-partnership when HANNAH was born, nor deny the fact that I have contributed towards HANNAH' s upbnllglng and maintenance Furlher argument In this regard will be presented at the hearing of thiS appllcatloo 12 AD PARAGRAPH 16 12 1 I respectfully state that there IS Indeed good reason at thiS stage to alter the prevailing status quo in respect of the minor child for the reasons as set out herein before 122 Furthermore, the Respondent failed to furnish thiS Hooourable Court With details of the alleged creche in which the minor child has been enrolled since TRACEY's dismissal 8.0 PARAGRAPH 17 / 131 -6The Respondent, until recently, worked double shifts in order 10 raise money mamly 10 fund her hair e>c1enslOfls, make up, clothing, manicures, pedicures, etcetera 13.2 I, until recently, was the minor child's pnmary caregiver and I have been deeply concerned about Ihe minor child's well being, especially now that she, as a four month old baby gir1, IS left solely to the Respondent's mercy 1J 3 Save for the aforesaid, the remaini ng allegations contained in this paragraph are noted 14 AQPARAGBApHS18and19 15 I respectfully state that the relief sought by me is not premature Further argument In this regard Will be presented at the heanog of thiS application AD PARAGRAPH 24 1 15 1 I have at no stage attempted to mislead thiS Honourable Court with regard to my career I clearly e)(plalned the nature of my btislness In, Inlor alia. paragraphs 9, 45, 46 and 47 01 my founding affidaVit 16 AD PARAGRApH 24 2 16 1 Save to state that I certainty do not act as a pimp, the allegations contained In thiS paragraph are correct I further respectfully refer thiS Honourable Court to paragraph 5 3 herein above -716 2 Furthermore, the Respondent also advertises her services on the foliowlll9 websltes, namely 162 1 www,sextrader.co za - 35 -NICOLE"; 162 2 ~ ~ a m m y , c o za - as "NICOLE"; 1623 www_adut!jnccoza - as "NICOLE" and "TRISTAN", 1624 YfflW.adultlDc,cQ,za - being part of a lesbian show duo as "TRISTAN and SKYE" 16 3 I have absolutely nothing 10 do WIth the afore menlionedwebslles These websltes are Independently owned and the Respondent advertises on Ihese web sites out of her own abolillon where she offers iii vanety or sexual services on the Sites, for example iii lesbian shoYt, oral sex, couples (man and woman at Ihe same lime) and "doubles' (two men at the same lime). The Respondent even had an advertlsemeot on the webSite in whICh she was VISibly highly pregnant until she stopped working as an escort three months before HANNAH's birth 16 4 In addition to what was set out hefeJn above penalnlng to my career, r also design websltes for various clients The bulk of these websltes are not related to adult entertainment 17 AD PARAGRAPH 24.3 As I have mentioned before, I have two freelance photographers In my employ Although I used to photograph escons In the past, I have not been Involved In the actual photographing 01 the escorts Since March 2008 / -s18 AD PARAGRAPH 24..1 The aliegaltoOs contained In thiS paragraph are correct. However. I fai l 10 see the relevance of these allegallons as far as the fact that I have been the minor child's primary caregiver, and thaI I have always acted In the minor wild's best Interest, IS concerned In any event, the Respondent IS k.nown in the Industry as "NICOLE' and "TRI STAN" respectively 19 AD PARAGRAPHS 26.1 \026,5 I respectfully refer thiS Honourable Court to paragraph 14 herein above and repeat the allegauons cootained therein 20 AD PARAGRAPH 26,6 20 1 I respecrfully state that II 'Mil rlOt be In the minor child's best Interest that her pnmary reSidence remains Wllh the Respondent fOf reasons as set out herein before. I rellerate the fact that I have been the minor child' s pnmary caregIVer since she was one month old The fact thai HANNAH IS currently ooly four and a half months old does not automatically mean that she woutd be better cared fOf by Respondent than by me. 20.2 As I have mentlooed before, since I left the commoo home, I have obtained accommodatIOn In Fourways which IS also SUitable for HANNAH Furthermore, I worlt from home and is therefore In a pOSition to cater for HANNAH's needs dUring the day With the assistance ofTRACEY. my housekeeper I am used to taking care /of HANNAH at night, as I have. in any event , been the person who -.took care of her at night Since she was one mooth old 21 AO PARAGRApHS 26 7 and 26,8 21 1 I respectfully state thai the Respondent has no grounds on whICh supervised contad could be justified. The Respoodent attempted throughout her answenng affidavit to show thai I am an aggressive person. based on false allegations 21 2 Furthermore, HANNAH has never been In any potential danger whatsoever whist bemg in my presence Should thiS Hoooorable Court decide that it is In HANNAH's best interest that her pnmary reSidence remain with the Respondent, I respectfully state thai the contact t would be entitled 10, as proposed by the Respondent. is certainly not reasonable 22 AD PARAGRAPHS 26,9 and 26,10 I repeal the contents of paragraph 14 herein above 23 AD PARAGRAPH 28 1 The allegation that the Respondent and I have lived together Since June 2007 IS clearly a typographical error. I agree that we have lived together since July 2007 24 AD PABAGRAPH 282 241 It IS correct that I administrate the websltes mentioned by the Respondent In thiS paragraph I also deSign websltes and -J 0admInistrate the ad ....ertislng sectlOll fO( the follow websltes: 24 1 1 WNW btuesky CQ,za - therapeutic spa services, 24 1 2 www.zorr07sl.coza-limouSineandtaxiservlces: and 24 1 3 www,adulioartycrujse,CQ za - a booking service fOf sea cruises incorporating Starlight Cruisers 24 2 I reiterate the fact that I certainly do not act as a pimp of any sort and I repeat the contents of paragraph 5 3 herein abcwe 24 3 The charges for the placing of an advertisement on a website is R5oo, 00 per month, of which ROB andlor STORM recel ....e R250, 00 for the advertisement itself and I receive R250, 00 for the listing of the ad....ertlsement 25 AD pARAGRAPH 28.3 The Respondent, by stating that the only photographs she is aware of are that of escorts and the like, is nol laking the court Into her confidence, She IS well aware of the fact that we also photograph cars, scenery inside spa's and scenery of nature In order to advertise services on the respective websltes We do not mainly photograph women who advertise thelf sex servIces 26 AD PARAGRAPH 28.4 26 1 As mentioned at the outset In my founding affidaVIt, I met the Respondent when I photographed her for an advertisement fO( one of the adult websites that I am a partner In - l l ~ 26 2 The Respondent attempts to twist the facts by omitting to state the sequence of events in the correct order In which it occurred. The Respondent falls to mention that the two of us only became Involved after I had photographed her. By the lime she had fallen pregnant with HANNAH, the Respondent and I had been clear with the fact that I was not In favour of her choice of career. She misled me in that she undertook that she would slop working as an escort by the end of 2007, obviously in order 10 keep me in the relationship 26 3 I again reiterate the fact that I am not acting, and I have never acted, as a pimp for the Respondent or any of her co-sex workers. I do not have anything to do WIth the escorts' payment from clients or the escorts' earntngs. 27 AD PARAGRAPH 28.5 27 1 I fall to understand the contents of this paragraph, specifically In regard to the time when she started to work as an escort. 27 2 I respectfully refer thiS Honourable Court to paragraph 10 of the Respondenl"s answering aHidavit, where the Respondent admits that she has worked on and oH as an escort from the age of 19 years. thus from 1996 28 AD PARAGRAPH 28.6 The Respondent does nol specify the exact penod durtng which she had /been working as a waitress The only period I am aware of is the period -12mentioned by LOUISE DOUGHTON In annexure -RW2" to my founding affidavit 29 AD PARAGRAPH 29,1 I Indeed believed that the relationship between the Respondent and CLINTON had been over by the time I met her, as she Infonned me that the two of them had been living separate lives and they had been sleeping In different bedrooms for a substantial period of ti me. 30 AD PARAGRAPH 29 2 I agree that CLINTON forced the Respondent to leave hiS house after he had found out thai she was Involved In a sexual relalJonshlp With me and that she was In actual fact cheallng on him 31 AD PARAGRAPH 30 2 31 1 I reiterate the fact that the Respoodenl undertoolo; to qUit her Job as an escort by the end of 2007 and I have never been In favour of her choice of career The fact Ihatlhe Respondenl did flO!. by the end of 2007, honour her word, as well as Ihe fact that she used cocaine whilsl being pregnant With HANNAH, caused numerous arguments between us 31 2 The Respondent advertises IhrOlJ9h her own agent, who happens 10 be STORM THOMAS As I have menlloned before, the charges ror the plaCing of an advertisement on a webSite IS R500, 00 per month. of which ROB and/or STORM receive R250, 00 for the /advertisement Itself and I receive R250, 00 for the listing of the -iJadvertlsemenl 32 AD PARAGRAPH 3Q.3 32 1 I again reilerate the facllhall was not in favour of the Respondent working as an escort. even more so whilst being pregnant with our daughter. The Respondent, nevertheless, conllnued working as an escort dunng her pregnancy. In aclual fact, the Respondent had an active advertisements on several websl1es which showed her In a stage of being highly pregnant 32 2 Apart from the fact that the Respondent hardly ever spent money on her children, but on herself. there was no need for the Respondent to finance HANNAH'S birth. In October 2007, Ihe Respondent and f jomed a new medical aid of which I am the main member and she IS an adult beneficiary, which contributions I paid Directly prior to that, I had been a member of another medical aid, which meanl that there was no waiting period applicable wllh regard to pregnancy once we jOined the new medical aid Except for certain gynaecological Visits. HANNAH's birth was fully paid for by the medical aid 323 The Respondent stopped worting from February 2008 until the time when HANNAH was one month old During this penod. the Respondent stayed at home and I fully supported her financially It IS untrue that the Respondent continued working until two weeks before HANNAH's b.rth This can be confirmed by TRACEY, the housekeeper, who was present at home dunng Ihe day I attach hereto an affidaVit deposed to by TRACEY, dated 01 /October 2008, marked annexure " RWl 0" 14. 33 AD PARAGRAPH 30.4 The Respondent again attempts to create the Impression that . due to her level of education. she IS a victim of her circumstances Is clearty not working as an escort because she is a victim, but because it is her choice of career 34 AD PARAGRAPHS 31 ,1 and 31 ,2 I repeat the contents of paragraph 28 2 herein above. 35 AD pARAGRAPH 31,3 35 1 The allegations contained in thiS paragraph are incorrect. ROB IS a freelance photographer, whose specialises In photographlOQ lIVe rock bands He is simply photographing escorts in order for them to have their advertisement s placed on the Internet. He IS. Similarly to me, not involved in any payment received by the escorts from their clients. 35 2 The case pending against ROB IS for the charge of common theft He IS currenlfy In the process of prepanng statements In ruder to make representations 10 Ihe Senior Prosecutor and he has not been corwlcted of the charge In any event, these allegations made by the Respondent are irrelevant to the fact that ROB has WItnessed the Respondent behaVing in an abusive manner towards her children 353 /I attach hereto an affidaVit deposed to by ROB, dated 01 October -J s2008, marked anne)(ure ~ R W l l " 36 AD PARAGRAPH 31 4 36 1 The allegatJons contamed In this paragraph are incorrect, STORM is a freelance photographer and a profes$lOl'lal drummer He plays the drums In a rock band, namely Submachine, and he is also a set mUSICian for vaflOus music bands He simply photographs escorts m order for them to have their advertIsements placed on the Internet. He is, similarly to me and ROB, not InvoNed In any payment receIVed by the escorts from the their clients 36 ,2 STORM anended one session at the AA after he had been In a car aCCIdent and, as a result of the car accident, his mother suggested that he should go to the AA He is neither an alcoholic, nor does he abuse drugs I respectfully refer thiS Honourable Courl m thiS regard to -RW12" hereto 37 AD PARAGRAPH 31 5 37 1 It IS correct that ROB and STORM are members of a rock band It IS also correctlhat ROB, at times, smoke cannabis Since ROB met Ihe Respondent In March 2008, the Respondent has smoked cannabis him and hiS fnend, GRANT I respectfully refer thIS Honourable Court In this regard to "RWll " hereto Save for the aforesaid, the remainder of the allegations contained 372 -16In this paragraph are denied 37 3 By the making of these allegations, the Respondent tnes her utmosl best to convince this Honourable Court Ihat ROB and STORM who both witnessed the Respondent's abusive behaVIour towards her children, are not credible WItnesses I respectfully stale thaI ROB and STORM's personal Circumstances have no bearing on the fact that Ihey WItnessed the aforesaid 38 AD PARAGRAPH 31 6 These allegations are untrlJe I again respectfully refer this Honourable Court In thiS regard to annel(ure ' RW8" hereto 39 AD pARAGRAPH 31.7 I deny the allegation conlalned in thiS paragraph Ihal I am not forthright when putting the facts regarding the wor!'::. , -, r\ I,'" ---;.. \ \:,.IN THE HIGH COURT OF SOUTH AFRICA (WITWATERSRAND LOCAL DIVISION) CASE NO: In the matter between WAVERLEYiREGANJOSE Applicant aod NICHOLLS: THERESA Respondent CONFIRMATORY AFFIDAVIT I, the underSigned, GERALLYN NAUDE do hereby make oath and state that 1 I am an adult female escort. residing at Nr 121 Coleraine Drive, Riverclub. Sandton 2 Save for otherwise st ated, the facts herein contained fall within my personal knowledge and are, to the best of my knowledge and belief, both true and correct 3 I have known the Apphcant in this matter since 2001 I have known the Respondent since August 2007, when she was one 4 -2month pregnant with the mu"Iot child, HANNAH At the time, we were colleagues at Ihe same gentlemen's club and the two of us became friends 5 I have read Ihe founding affidavit deposed to by REGAN JOSE WAVERLEY (Ihe Applicant ) and the answering affidavit deposed to by THERESA NICHOllS (the Respondent), and I wish to respond thereto as follows_ 51 The allegations made by the Respondent that she stopped uSing cocaine In July 2007 and that she did not use cocaine while she was pregnant With HANNAH IS Incorrect 5 2 DUring January 2008, when the Respondent was approxrmately five months pregnant With HANNAH, she came to visit me at my house In Fourways where I was staYing at the time Her son SKYE, was With her 5 3 The Respondent and I drank wme whilst haVing lunch and SKYE was playing and SWimming With my 15 year old son In the SWimming pool After we had a substantial amount of wme, the Respondent and I deCided to use CAT (a synthetiC form of cocalne) _1 stili asked the Respondent whether she was nol afraid that she would harm her unborn baby. She assured me thai she would be fine and said Ihat, once she had been past her first tnmesterofherpregnancy, she had happily started to use cocaine agam She beheved that the baby could not be harmed In any ~ y 5rt 10 her on the passenger seat 5 5 At the beginning 01 February 2008. I mo ....ed 10 Sandton to stay 10 a garden cottage on Ihe premises wnere the Respondent and 1 was working at the time 5.6 Dunng March 2008. when the Respondent was approximately and a halt months pregnant. she came to visil me where I was staYing In the garden cottage Earlier that day. the Respondent suggested that we should get cocaine 10 use durrng her .... Isit. whICh we did Dunng her VISit. we drank gin alld used a substantial amount of cocaine Eventually. both of us passed oul until O9h30 the follOWIng morning when the Respondent went back to her home where she was staying With the Applicant 5_7 one month later. wnen the Respondent was se ....en and a half months pregnant With HANNAH. the Apphcant. the Respondent and I went tor drnner at Lacotia Restaurant In Mandela Square. Sandton Thereafter. the three of us went to Billy the Bums In Fourways to dance At Billy the Bums. the Respondent and I sneaked to the ladies' bathrooms more Ihan once to use cocaine. wnllsl the Applicant was talking to his friend s al the bar and blissfully unaware of what the Respondent was ''''no 6 The Applicant suspected that the Respondent was USing cocame while she was pregnant Wi th HANNAH and he once coofronted the Respondent In my presence The Respondent dellied to the Applicant 4 the fact that she was using cocaine, whilst I was well aware that she was IVlng to him I HEREBY CERTIFY THAT THE DEPONENT HAS ACKNOWLEDGED THE HE/SHE KNOWS AND UNDERSTANDS THE CONTENTS OF THIS AFFIDAVIT, WHICH WAS SIGNED AND SWORN TO BEFORE ME AT JOHANNESBURG ON THE 30 0AY OF 2008, THE REGULATIONS CONTAINED IN GOVERNMENT NOnCE NO R1258 OF JULY 1972, AS AMENDED, ANO GOVERNMENT NOTICE Of R1648 OF AUGUST 1977, AS AMENDED, HAVING BEEN I WITH. ADDRESS; IN THE HIGH COURT Qf SOUTH AFRICA (WITWATERSRANO LOCAL PIVISIONI CASE NO: 08132392 In the maner between, WAVERLEY: REGAN JOSE Applicant ,nd NICHOLLS; THERESA Respondent CONFIRMATORY AFFIDAVIT I, the underSigned, PRECIOUS SIBANDA do hereby make oath and state that 1 I am an adult female housekeeper, reSiding at Nr 10 Goldridge Court, cnr Van den Meer & Klein Streets. Hlllbrow 2 Save for otherwise stated, the facts herein contained fall Within my personal knowledge and are, to the best 01 my knowledge and belief. both true and correct 3 I have already deposed to two confirmatory affidavits In support of this applicatlOfi on 20 September 2008 and 22 September 2008 respectively S'd:J"'da 4 Subsequently, I have read the answering affidaVit deposed 10 by THERESA NICHOllS (The Respondent) and, save where Indicated otherwise by the context 01 the Applicant's replying affidavit. I deny each and every allegation thereof Insofar IS It relates to me 5 I have also read the replymg affidavit thereto deposed to REGAN JOSt WAVERLEY (The Applicant) In further support of this application, and confirm the conlents thereof insofar as it relales to me r HEREBY CERTIFY THAT THE DEPONENT HAS ACKNOWLEDGEO THE HE/SHE KNOWS AND UNDERSTANDS THE CONTENTS OF THIS AFFI DAVIT, WH IC H WAS SIGNED AND SWORN TO BEFORE ME AT JOHANNESBURG ON THE OAY OF 2008, THE REGULATIONS CONTAINED IN GOVERNMENT NOTICE NO R12S8 OF JULY 1972, AS AMENDED, AND GOVERNMENT NOTICE OF R1648 OF AS AMENDED, HAVING I -;- , "':""5E POi.ISlEOIr....s COMMISSIONER OF OATHS U2 ..r" L s - FULL NAMES: C, "'""",-lC( .--J L b. .. ""NC ADDRESS: 07 ". " f\hJI/ ' IN THE HIGH CQU RT Of SOUTH AFRICA (WITWATERSRAND LOCAL DIVISION) CASE NO In the matter between WAVERLEY: REGAN JOSE Apphcant NICHQlLS: THERESA Respondent CONFIRMATORY AFFIDAVIT I, the underSigned, ANDREAS ROBERT WASTEL do hereby mak.e oath and state thai 1 I am an adult male freelance photographer and graphic deSigner at Sandstorm Consulting ce. reSiding at Nr 5 Rosewood Roolbekkie Place, Sunward Park. Boksburg 2 Save for olhefWlse staled the facts herein contained fall WIthin my personal knowledge and are, to the best of my knowledge and belief, both true and correct. 3 t have deposed to a confirmatory affidaVit, dated 19 September 2008. In response \0 the Applicant's founding affidaVit (!J: l " ~ -24 Subsequently, I have read the answenng affidavit deposed to by THERESA NICHOllS. (The Respondent ), and I wish to respond thereto as follows 4 1 I admit the conlents of paragraph J 1 5 insofar as It relates to me Since I met the Respondent In March 2008, she has also smoked cannabiS With me and my friend, GRANT KERR, on more thai one accaslOI"I 4 2 Save for the aforesaid, I deny each and every allegation thereof Insofar as II relates to me. 5 , have also read the replying affidaVit deposed to by REGAN JOSE WAVERlEY (The Applicant), and confirm the conlents thereof insofar as It relales to me I HEREBY CERTIFY THAT THE DEPONENT HAS ACKNOWLEDGED THE HE/SHE KNOWS AND UNDERSTANDS THE CONTENTS OF THIS AFFIDAVIT, WHICH WAS SIGNED AND SWORN TO BEFORE ME AT JOHANNESBURG ON THE DAY OF 2008, THE REGULATIONS CONTAI NED IN GOVERNMENT NOTICE NO R12SS OF JULY 1972, AS AMENDED, AND GOVERNMENT NOTICE OF R1648 OF AUGUST 1977, AS AMENDED, HAVING BEEN COMPLIED WITH. OATHS FULL NAMES: /?fr"""]t'/o'r ~ l < " " " t"'t'M-> J ~ # f IN THE HIGH COURT OF SOUTH AFRICA (WITWATERSRAND LOCAL DIVISION) CASE NO: In the matter between' WAVERLE),; REGAN JOSE Applicant NICHOLLS: THERESA Respondent CONFIRMATORY AFFIDAVIT I, the undersigned. STORM THOMAS do hereby make oath and state that. t I am an adult male freelance photographer, reSiding at Nr 122 Woburn Avenue, BenOni 2 Save for otherwlse staled. the facts herein contained fall Within my personal knowledge and are. to the best of my knowledge and belief both true and correct 3 I have deposed to a confirmatory affidaVit, dated 20 September 2008, In (espoose to the Applicant's founding affidaVit 5 T -,4 Subsequently I have read the answering affidavit deposed to by THERESA NICHOLLS, (The Respondent ), and I deny each and every allegation thereof Insofar as II relates to me 5 I have also read the replYing affidavit deposed to by REGAN JOSt WAVERLEY (TheApplicanl), and confirm the contents Ihereof insofar as tl relates to me I HEREBY CERTIFY THAT THE DEPONENT HAS ACKNOWLEDGED THE HE/SHE KNOWS ANO UNDERSTANDS THE CONTENTS OF THIS AFFI OAVI T, WHICH WAS SIGNED ANO SWORN TO BEFORE ME AT JOHANNESBURG ON THE DAY OF 2008, THE REGULATIONS CONTAINED IN GOVERNMENT NOTICE NO R125S OF JULY 1972, AS AMENDED, AND GOVERNMENT NOTICE OF R1648 OF AUGUST 1977, AS AMENDED, HAVING BEEN COMPLIED WITH. _ ..,,'