South Africa: North Gauteng High Court, Pretoria Support SAFLII

You are here:  SAFLII >> Databases >> South Africa: North Gauteng High Court, Pretoria >> 2023 >> [2023] ZAGPPHC 726

| Noteup | LawCite

African Centre for Biodiversity NPC v Minister of Agriculture, Forestry and Fisheries and Others - Application for Leave to Appeal (27524/2017) [2023] ZAGPPHC 726 (23 August 2023)

Download original files

PDF format

RTF format


 

IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, PRETORIA

 

CASE NO: 27524/2017

REPORTABLE: YES/NO

OF INTEREST TO OTHER JUDGES: YES/NO

REVISED: YES/NO

Date: 23/08/2023

 

In the matter between:


 


AFRICAN CENTRE FOR BIODIVERSITY NPC

Applicant

(NPO Registration no: 2004/025137/08)


 


And


 


MINISTER OF AGRICULTURE, FORESTY AND

First Respondent

FISHERIES


 


DIRECTOR-GENERAL: DEPARTMENT OF

Second Respondent

AGRICULTURE, FORESTRY AND FISHERIES


 


APPEAL BOARD: GENETICALLY MODIFIED

Third Respondent

ORGANISMS


 


EXECUTIVE COUNCIL FOR GENETICALLY

Fourth Respondent

MODIFIED ORGANISMS


 


MONSANTO SOUTH AFRICA (PTY) LTD

Fifth Respondent

(Registration no: 1968/001485/08)


 

JUDGMENT IN APPLICATION FOR LEAVE TO APPEAL

 

Tolmay J

 

1.                   After perusing my judgment and considering argument by counsel, I am of the view that the appeal would have a reasonable prospect of success as contemplated in section 17 (1)(i) of the Superior Courts Act ,10 of 2013 (Superior Courts Act).

 

2.                   There also exist other compelling circumstances warranting granting leave to appeal appeal as contemplated in section 17(1)(ii) of the Superior Courts Act, specifically due to the public interest in the general release of a Genetically Modified Organism.

 

3.                   In the light of the fact that the issues raised in this matter is of such a nature that it requires the consideration of the Supreme Court of Appeal, leave to appeal is granted to the Supreme Court of appeal against my judgment and order.

 

4.                   The parties are in agreement that no order as to costs should be made.

 

The following order is made:

 

1. Leave to appeal is granted against the whole of the judgment and order to the Supreme Court of appeal.

 

R G TOLMAY

JUDGE OF THE HIGH COURT

GAUTENG DIVISION, PRETORIA.

 

APPEARENCES:


 


Counsel For Applicant:

K Pillay SC & N Stein

Attorney For Applicant:

Legal-Aid South Africa

Counsel For 1st - 4th Respondents:

M Jozana

Attorney For 1st -  4th Respondents:

The State Attorney

Counsel For 5th & 5th Respondents:

P Lazarus SC & I Learmonth

Attorney For 5th  & 5th Respondents:

Webber Wentzel

 


Date Heard:

15 August 2023               

Date of Judgment:

23 August 2023