IN THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE HIGH COURT, CAPE TOWN) Case number: In the matter between: JUSTICE ALLIANCE OF SOUTH AFRICA FLORENCE NONKULEKO MBOMBELA

First Applicant Second Applicant

and THE CITY OF CAPE TOWN

CONFIRMATORY AFFIDAVIT

I, the undersigned

FLORENCE NONKULEKO MBOMBELA

do hereby make oath and say as follows:

Respondent

INTRODUCTION

1. I am a widowed adult female pensioner born on 11 March 1936, residing at number 16 Moshesh Avenue, Langa, Western Cape. I am the Second Applicant herein.

2. The facts contained within this affidavit are within my personal knowledge and are true, save where the context indicates otherwise.

3. I confirm the contents of the founding affidavit of John Jackson Smyth insofar as they relate to me. The factual matters arising from the history of this matter were read to me and I approved them as correct.

4. I do not aim to detail each and every instance of abuse I have suffered at the hands of my neighbours of 14 Moshesh Avenue, Langa, Western Cape, over 14 years. I do intend, however, to bring some examples to this honourable FRXUW¶VDWWHQWLRQ

SELECTED EXAMPLES OF ABUSE SUFFERED

5. I think my experience of living at 16 Moshesh Avenue, Langa, Western Cape must be similar to living in a SULVRQ,DP³SURKLELWHG´E\P\QHLJKERXUVIURP living at peace at my residence. Over the years, my neighbours have cursed

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and verbally abused me, insulted me, offended my dignity, accused me of witchcraft, threatened to burn me alive, to murder me, and have intentionally disturbed me on occasions where I have QRW FRPSOLHG ZLWK WKHLU ³UXOHV´ For example, I am prohibited from:

5.1. Washing dishes in my kitchen;

5.2. Opening the windows of my kitchen;

5.3. Hanging my washing on my washing line; and

5.4. Using my reduced garden freely

In addition, the mere sight of or hearing of me by my neighbours often results in a tirade of abuse from my neighbours being directed at me. All the time I feel afraid and intimidated.

6. On or about 14 July 2006, my neighbours began shouting at me without cause. I was accused of being a witch and that I was told that I deserved to be set on fire and be burnt to death. I have been accused of being a witch on numerous subsequent occasions, and I find such accusations particularly offensive. On 14 July 2006, my neighbour also threw water at me,

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substantially wetting me, for no apparent reason; thereafter my neighbours laughed at me and ridiculed me.

7. On or about 1 October 2006, my neighbour was persistent in banging on my walls in an effort to disturb me. The banging on the walls persisted throughout the day, beginning early in the morning and only ceasing late into the night. My neighbours also continue to play loud music, with no consideration of myself, and often with the intention of disturbing me.

8. On or about 11 August 2009, my neighbours began to disturb me with loud banging, loud music and foul language. I was also reminded by my neighbour that he owned a firearm. I considered his statement to be a blatant threat, and I felt very threatened. 9. These sorts of incidents have continued almost everyday. I end with an example of what happened two days ago before I came to my attorney to sign this affidavit. On Saturday the 2nd of July 2011, I was alone in my kitchen with the window open. Mrs. Mrasi and a lady called Mavis Nabe were hanging the washing out in my garden on the other side of the wall. Mrs. Mrasi said loudly, VR WKDW , FRXOG KHDU ³/RRN DW KHU WKHVH IODWV ZLOO QHYHU FRPH GRZQ 6KH LV jealous, she must go EDFN WR WKH (DVWHUQ &DSH VKH GRHVQ¶W EHORQJ KHUH´ She stares at me with cruel eyes as she speaks intending me to hear.

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10. Despite my numerous attempts to resolve my disputes with my neighbours through various street committees and other means as set out in the affidavit of John Jackson Smyth, it is evident to me that all disputes originate in the disagreement I have with the City and my neighbours regarding the subdivision of 14 and 16 Moshesh Avenue, Langa, Western Cape, and my QHLJKERXUV¶ DVVHUWLRQ WKDW Whey are entitled to more than a 50-50 division of Erf 560 of the Bulawayo Housing Project, Langa, Western Cape. Everything goes back to my neighbours being allowed to build their flats and the wall on my part of the land.

11. Accordingly I request that the above Honourable Court grant the orders in the attached notice of motion.

____________________________ FLORENCE NONKULEKO MBOMBELA

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I certify that: The Deponent signed this affidavit and swore and acknowledged that s/he: a) Knew and understood the contents thereof; b) Had no objection to taking the oath; and c) Considered the oath to be binding on his/her conscience. 7KH'HSRQHQWWKHQXWWHUHGWKHZRUGV´I swear that the contents of this declaration are true, so help me God´

DATED AT

THIS

DAY OF

2011.

____________________________ COMMISSIONER OF OATHS

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