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)
The court found that there are reasonable prospects of success on appeal as contemplated in section 17(1)(i) of the Superior Courts Act. Additionally, the court identified compelling circumstances, specifically the public interest in the general release of genetically modified organisms, which warrant the granting...
Source-derived case information.
- Citation
- [2023] ZAGPPHC 726
- Parties
- Applicant: African Centre for Biodiversity NPC; Respondent: Minister of Agriculture, Forestry and Fisheries; Respondent: Director-General: Department of Agriculture, Forestry and Fisheries; Respondent: Appeal Board: Genetically Modified Organisms; Respondent: Executive Council for Genetically Modified Organisms; Respondent: Monsanto South Africa (Pty) Ltd
- Court
- North Gauteng High Court, Pretoria
- Jurisdiction
- South Africa
- Case Number
- 27524/2017
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal to the Supreme Court of Appeal
- Outcome
- Leave to appeal granted to the Supreme Court of Appeal against the whole of the judgment and order.
- Judges
- R G Tolmay
- Legal Topics
- Superior Courts Act Section 17, Public Interest in Gmo Release, Leave to Appeal, Judicial Discretion
Source-derived case record
Summary, issues, holding and outcome
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Parties
African Centre for Biodiversity NPC
Applicant
Minister of Agriculture, Forestry and Fisheries
Respondent
Director-General: Department of Agriculture, Forestry and Fisheries
Respondent
Appeal Board: Genetically Modified Organisms
Respondent
Executive Council for Genetically Modified Organisms
Respondent
Monsanto South Africa (Pty) Ltd
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Supreme Court of Appeal
Legal Issues
- 1 Whether there is a reasonable prospect of success on appeal against the judgment and order.
- 2 Whether compelling circumstances exist to warrant granting leave to appeal, particularly due to public interest in the release of genetically modified organisms.
- 3 Whether the issues raised require consideration by the Supreme Court of Appeal.
Ratio Decidendi
The court found that there are reasonable prospects of success on appeal as contemplated in section 17(1)(i) of the Superior Courts Act. Additionally, the court identified compelling circumstances, specifically the public interest in the general release of genetically modified organisms, which warrant the granting of leave to appeal under section 17(1)(ii). Given the nature and importance of the issues raised, the court determined that the matter requires consideration by the Supreme Court of Appeal. Accordingly, leave to appeal was granted against the whole of the judgment and order.
Court Disposition
Leave to appeal granted to the Supreme Court of Appeal against the whole of the judgment and order.
Orders
- Leave to appeal is granted against the whole of the judgment and order to the Supreme Court of Appeal.
- No order as to costs is made.
Full Case Text
Judgment text and source record
20 paragraphs
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 Respondent ORGANISMS EXECUTIVE COUNCIL FOR GENETICALLY Fourth Respondent MODIFIED ORGANISMS MONSANTO SOUTH AFRICA (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 in this matter is of such a nature that it requires the consideration of the Supreme Court of Appeal, leave to appeal 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 1st - 4th Respondents: M Jozana Attorney For 1st - 4th Respondents: The State Attorney Counsel For 5th & 5th Respondents: P Lazarus SC & I Learmonth Attorney For 5th & 5th Respondents: Webber Wentzel Date Heard: 15 August 2023 Date of Judgment: 23 August 2023