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)

begin wrapper begin container begin header begin slogan-floater end slogan-floater - About SAFLII About SAFLII - Databases Databases - Search Search - Terms of Use Terms of Use - RSS Feeds RSS Feeds end header begin main begin center # South Africa: North Gauteng High Court, Pretoria South Africa: North Gauteng High Court, Pretoria You are here: SAFLII >> Databases >> South Africa: North Gauteng High Court, Pretoria >> 2023 >> [2023] ZAGPPHC 726 | Noteup | LawCite sino index ## 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) 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) Download original files PDF format RTF format make_database: source=/home/saflii//raw/ZAGPPHC/Data/2023_726.html sino date 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 sino noindex make_database footer start