IN THE HIGH COURT OF SOUTH AFRICA TRANSVAAL PROVINCIAL DIVISION CASE NO: 21182/2001 In the matter between: TREATMENT ACTION CAMPAIGN FIRST APPLICANTS and MINISTER OF HEALTH FIRST TO NINTH RESPONDENT NOTICE OF APPLICATION KINDLY TAKE NOTICE THAT the Applicants intend, on a date to be determined by the Registrar, applying for an order in the following terms: 1. Orders 1 and 2 made on 14 December 2001 shall immediately be carried out and given effect to, notwithstanding the filing of an application for leave to appeal and, if such leave is granted, the prosecution of that appeal. 2. The First to Ninth Respondents are ordered immediately to give effect to paragraph 2 of the order of this Court made on 14 December 2001, notwithstanding the filing of an application for leave to appeal, and if leave to appeal is granted, the prosecution of the appeal. 3. Any Respondents who oppose this application are ordered to pay the costs of the application, including the costs of two counsel. 4. (Alternatively to para 3) The costs of this application are reserved for the decision of the court which hears the appeal in this matter, if leave to appeal is given. 5. Further or alternative relief TAKE NOTICE FURTHER that the affidavit of Siphokazi Mthathi and the annexures thereto will be used in support of this application. TAKE NOTICE FURTHER that if the Respondents intend to oppose this application, they are required to file their answering affidavits, if any, by 14h30 on 8 February 2002. If no such affidavits are received, this application will be set down for hearing on 12 February 2002 at 10:00am or so soon thereafter as the matter may be heard. DATED AT PRETORIA THIS 29TH DAY OF JANUARY 2002 _____________________ GM BUDLENDER Attorney for Applicants c/o Legal Resources Centre Centenary Building Bureau Lane PRETORIA Telephone: (021) 481 3000 TO: THE REGISTRAR High Court PRETORIA AND TO : STATE ATTORNEY Attorney for First to Ninth Respondents Fedsure Forum, 4th Floor South Tower Cnr Pretorius and Van der Walt Streets PRETORIA (Ms G Behardien/Mr G Kok) Received copy hereof this day of January 2002 For State Attorney 2