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IN THE HIGH COURT OF SOUTH AFRICA

(GAUTENG DIVISION, PRETORIA)

 

Case No: 9233/2022

(1)       REPORTABLE: NO

(2)       OF INTEREST TO OTHERS JUDGES: NO

(3)       REVISED

DATE: 31 JANUARY 2024

SIGNATURE

 

In the matter between:

 

THE ASSOCIATION OF MEAT IMPORTERS AND                                        Applicant

EXPORTERS

 

and

 

INTERNATIONAL TRADE ADMINISTRATION                                  First Respondent

COMMISSION

 

MINISTER OF TRADE, INDUSTRY &                                             Second Respondent

COMPETITION

 

MINISTER OF FINANCE                                                                     Third Respondent

 

SOUTH AFRICAN REVENUE SERVICES                                       Fourth Respondent

 

SOUTH AFRICAN POULTRY ASSOCIATION                                    Fifth Respondent

 

JUDGMENT

RETIEF J

1.    The parties before me, at the hearing of the main application, namely the Applicant, the First, Second and Fifth Respondents [Respondents] [collectively, the parties] have all served applications for leave to appeal the judgment and/or order, this includes an application for cross-appeal by the Applicant. To avoid any confusion which may arise as a result of the respective applications filed, I shall retain the reference of each party as they appeared in the main application.

 

2.    I have considered the concise grounds of appeal formulated by the Respondents in their respective applications for leave to appeal as too, the concise grounds relied on by the Applicant in its application for leave to cross appeal.

 

3.    I have read the judgment, reconsidered the reasons and the order and have come to the conclusion that I have no further comments to add. Having said that, if one has regard, not only to the importance of the subject matter upon which I adjudicated, but the importance of its outcome to the respective parties, the Poultry Industry and International Trade relations, the cumulative grounds of appeal and cross-appeal are persuasive.

 

4.    It is for these reasons that the threshold of both section 17(1)(a)(i) and (ii) of the Superior Courts Act 10 of 2013 have been met and leave should be granted to all the parties.

 

5.    In the premises, the parties respective applications are successful. I make the following order:

 

1.    The Applicant, the First, Second and Fifth Respondents are granted leave to appeal and/or cross appeal, as the case maybe, directly to the Supreme Court of Appeal.

 

2.    Costs to be costs in the Appeal.

 

 

L.A. RETIEF

JUDGE OF THE HIGH COURT

GAUTENG DIVISION, PRETORIA

Appearances:

For the Applicant:	Adv.  H Epstein SC
	Adv. S Tshikila
Instructed by:	Malatji & Co Attorneys
	c/o Macintosh, Cross & Farquharson
For the First Respondent:	Adv E Muller
	Adv JW Kiarie
Instructed by:	State Attorney: Pretoria
For the Second Respondent:	Adv. N H Maenetje SC
	Adv. M Salukazana
Instructed by:	State Attorney: Pretoria
For the Fifth Respondent:	Adv. A Cockrell SC
Instructed by:	Webber Wentzel
	c/o Hills Incorporated
Judgment granted:	31 January 2024

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