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