South Africa: North Gauteng High Court, Pretoria

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[2023] ZAGPPHC 726
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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)
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IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
CASE NO: 27524/2017
OF
INTEREST TO OTHER JUDGES: YES/NO
REVISED: YES/NO
Date: 23/08/2023
In the matter between: |
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AFRICAN CENTRE FOR BIODIVERSITY NPC |
Applicant |
(NPO Registration no: 2004/025137/08) |
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And |
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MINISTER OF AGRICULTURE, FORESTY AND |
First Respondent |
FISHERIES |
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DIRECTOR-GENERAL: DEPARTMENT OF |
Second Respondent |
AGRICULTURE, FORESTRY AND FISHERIES |
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APPEAL BOARD: GENETICALLY MODIFIED |
Third Respondent |
ORGANISMS |
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EXECUTIVE COUNCIL FOR GENETICALLY |
Fourth Respondent |
MODIFIED ORGANISMS |
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MONSANTO SOUTH AFRICA (PTY) LTD |
Fifth Respondent |
(Registration no: 1968/001485/08) |
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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: |
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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 |
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Date Heard: |
15 August 2023 |
Date of Judgment: |
23 August 2023 |