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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)
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
Respo
n
dent
ORGANISMS
EXECUTIVE
COUNCIL FOR GENETICALLY
Fourth
Respondent
MODIFIED
ORGANISMS
MONSANTO
SOUTH AFR
I
CA
(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
i
n
this matter is of such a nature that it requires the consideration of
the Supreme Court of Appeal
,
leave
to appea
l
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 1
st
-
4
th
Respondents:
M
Jozana
Attorney
For 1
s
t
-
4
t
h
Respondents
:
The
State Attorney
Counsel
For 5
t
h
&
5
t
h
Respondents
:
P
Lazarus SC & I Learmonth
Attorney
For 5
t
h
&
5
th
Respondents
:
Webber
Wentzel
Date
Heard
:
15
August 2023
Date
of Judgment:
23
August 2023