Association of Meat Importers and Exporters v International Trade Administration Commission and Others (9233/2022) [2024] ZAGPPHC 94 (31 January 2024)


IN THE HIGH COURT OF SOUTH AFRICA

(GAUTENG DIVISION, PRETORIA)



Case No: 9233/2022

Shape1

(1) REPORTABLE: NO

(2) OF INTEREST TO OTHERS JUDGES: NO

(3) REVISED



......31 JANUARY 2024.......

SIGNATURE DATE








In the matter between:



THE ASSOCIATION OF MEAT IMPORTERS AND Applicant

EXPORTERS



and

INTERNATIONAL TRADE ADMINISTRATION First Respondent

COMMISSION



MINISTER OF TRADE, INDUSTRY & Second Respondent

COMPETITION



MINISTER OF FINANCE Third Respondent



SOUTH AFRICAN REVENUE SERVICES Fourth Respondent



SOUTH AFRICAN POULTRY ASSOCIATION Fifth Respondent


JUDGMENT

RETIEF J

1. The parties before me, at the hearing of the main application, namely the Applicant, the First, Second and Fifth Respondents [Respondents] [collectively, the parties] have all served applications for leave to appeal the judgment and/or order, this includes an application for cross-appeal by the Applicant. To avoid any confusion which may arise as a result of the respective applications filed, I shall retain the reference of each party as they appeared in the main application.



2. I have considered the concise grounds of appeal formulated by the Respondents in their respective applications for leave to appeal as too, the concise grounds relied on by the Applicant in its application for leave to cross appeal.



3. I have read the judgment, reconsidered the reasons and the order and have come to the conclusion that I have no further comments to add. Having said that, if one has regard, not only to the importance of the subject matter upon which I adjudicated, but the importance of its outcome to the respective parties, the Poultry Industry and International Trade relations, the cumulative grounds of appeal and cross-appeal are persuasive.



4. It is for these reasons that the threshold of both section 17(1)(a)(i) and (ii) of the Superior Courts Act 10 of 2013 have been met and leave should be granted to all the parties.



5. In the premises, the parties respective applications are successful. I make the following order:



1. The Applicant, the First, Second and Fifth Respondents are granted leave to appeal and/or cross appeal, as the case maybe, directly to the Supreme Court of Appeal.



2. Costs to be costs in the Appeal.



___________________________

L.A. RETIEF

JUDGE OF THE HIGH COURT

GAUTENG DIVISION, PRETORIA

Appearances:


For the Applicant: Adv. H Epstein SC

Adv. S Tshikila

Instructed by: Malatji & Co Attorneys

c/o Macintosh, Cross & Farquharson

For the First Respondent: Adv E Muller

Adv JW Kiarie

Instructed by: State Attorney: Pretoria


For the Second Respondent: Adv. N H Maenetje SC

Adv. M Salukazana

Instructed by: State Attorney: Pretoria


For the Fifth Respondent: Adv. A Cockrell SC

Instructed by: Webber Wentzel

c/o Hills Incorporated

Judgment granted: 31 January 2024

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  1. Superior Courts Act, 2013

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