This follows after Judge President Mahube Molemela, sitting with Judge Lepono Lekale, made an order of the procedures to be followed for the case to be resumed. The 94 workers are appealing their conviction and sentence of three months’ imprisonment or a fine of R600 after they were arrested during a peaceful vigil at the provincial headquarters of the Free State Health Department in Bloemfontein, Bophelo House.Judge Molemela’s order had seven points – setting out specific deadlines for the heads of argument and answering affidavits to be filed by the first respondent – the minister of police – and the 94 applicants.

Rudolf Mastenbroek –  for the applicants – asked for punitive costs and Molemela said the cost of postponement is reserved for adjudication at a later stage.

Lungile Bomela – for the Minister of Police – argued that his client should wait for the outcome of the appeal before they can argue on the constitutionality of Section (12) 1 E of Act 2015 of 1993. Molemela, however, ordered that the appeal and the conditional application be heard simultaneously.