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2019
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[2019] ZAGPPHC 102
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Ayo Technology Solutions Limited v Companies and Intellectual Property Commission and Others (15285/2019) [2019] ZAGPPHC 102 (26 March 2019)
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
CASE NO.: 15285/2019
26/3/2019
In the matter between:
AYO TECHNOLOGY SOLUTIONS LIMITED Applicant
and
COMPANIES AND INTELLECTUAL PROPERTY COMMISSION First
Respondent
MINISTER OF TRADE AND
INDUSTRY
Second Respondent
THE PUBLIC INVESTMENT CORPORATION LIMITED
Third Respondent
JUDGMENT
VAN DER
WESTHUIZEN, J
[1] This matter came before
me by way of urgency. It concerns the issue by the first
respondent
of a Compliance Notice in terms of the provisions of section 171 of
the Companies Act, 71 of 2008 (the Act), to the
third respondent on
21 February 2019.
[2] The matter was enrolled
together with an urgent application, under Case No. 15315/2019,
brought by the third respondent against the first respondent.
Counsel for the first and third respondents also appeared in
the
other matter. Both applications were independently launched,
the one not knowing of the other. This application
was launched
prior to the one under Case No. 15315/2019. It is submitted by
counsel for the present applicant that if the
judgment in the matter
brought by the third respondent against the first respondent was in
favour of the third respondent, this
application would be moot.
The same compliance notice is under attack in both matters, albeit on
different grounds.
The relief sought in both applications are
similar in effect, if not identical.
[3] I have granted judgment
in favour of the third respondent as applicant in matter
no.
15315/2019. In terms of that judgment, the said notice of
compliance was declared of no force and effect and accordingly
set
aside.
[4] It follows that this
application is rendered moot and I make no findings on the merits
or
on this application.
I grant the following order:
(a)
The
application is removed from the roll.
C J VAN DER WESTHUIZEN
JUDGE OF THE HIGH COURT
On behalf of Applicant: N Cassim
SC
K Pillay
Instructed by:
C Abrahams Attorneys
On behalf of First and Second Respondent:
A F Arnoldi SC
S Mentz
Instructed
by:
State Attorney