Case Law[2024] ZAGPPHC 72South Africa
Association of Meat Importers and Exporters v International Trade Administration Commission and Others (9233/2022) [2024] ZAGPPHC 72 (31 January 2024)
High Court of South Africa (Gauteng Division, Pretoria)
31 January 2024
Judgment
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# South Africa: North Gauteng High Court, Pretoria
South Africa: North Gauteng High Court, Pretoria
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## Association of Meat Importers and Exporters v International Trade Administration Commission and Others (9233/2022) [2024] ZAGPPHC 72 (31 January 2024)
Association of Meat Importers and Exporters v International Trade Administration Commission and Others (9233/2022) [2024] ZAGPPHC 72 (31 January 2024)
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sino date 31 January 2024
IN THE HIGH COURT OF
SOUTH AFRICA
(GAUTENG DIVISION,
PRETORIA)
Case
No:
9233/2022
(1)
REPORTABLE: NO
(2)
OF INTEREST TO OTHERS JUDGES: NO
(3)
REVISED
DATE:
31 JANUARY 2024
SIGNATURE
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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