IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA
CONSTITUTIONAL COURT CASE NO:
TPD APPEAL CASE NUMBER: A831/2005 SCA APPEAL CASE NUMBER: 274 / 08
In the matter between:
THE TRUSTEES FOR THE TIME BEING OF Applicants
THE BIOWATCH TRUST (Applicants a quo)
and
THE REGISTRAR, GENETIC RESOURCES First Respondent (1st Respondent a quo)
THE EXECUTIVE COUNCIL FOR Second Respondent GENETICALLY MODIFIED ORGANISMS (2nd Respondent a quo)
THE MINISTER FOR AGRICULTURE Third Respondent (3rd Respondent a quo)
MONSANTO SOUTH AFRICA (PTY) LTD Fourth Respondent (4th Respondent a quo)
STONEVILLE PEDIGREED SEED COMPANY Fifth Respondent (5th Respondent a quo)
D&PL SA SOUTH AFRICA INC Sixth Respondent (6th Respondent a quo)
THE OPEN DEMOCRACY ADVICE CENTRE Amicus Curiae
APPLICATION FOR LEAVE TO APPEAL
TAKE NOTICE THAT the applicants intend to apply, on a date to be determined by the above honourable Court, for an order in the following terms: –
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1. Granting the applicants leave to appeal to the above honourable Court against the judgment and order handed down by his Lordship Mr Justice Mynhardt on behalf of the majority of the Full Bench of the Transvaal Provincial Division on 6 November 2007, leave to appeal having been refused by the Supreme Court of Appeal on 2 September 2008;
2. Directing that the costs of this application for leave to appeal shall be costs in the appeal;
3. Further and/or alternative relief.
TAKE NOTICE THAT the order sought on appeal is the following:
“1) The appeal is upheld;
2) The costs order contained in paragraph (d) of the order of the Transvaal Provincial Division is set aside and substituted with the following order:
First to third respondents are ordered to pay the applicant’s costs. No further costs orders are made.
3) The first to fourth respondents are ordered to pay the applicants’
costs in the Supreme Court of Appeal and in this Court jointly and severally, the one paying, the other to be absolved, including the costs attendant upon the employment of two counsel. The costs order in the full bench appeal is set aside and no costs order is made in relation to that appeal.
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TAKE NOTICE THAT the judgments appealed against, namely the judgments of the Supreme Court of Appeal refusing leave to appeal to that court, the judgment of Dunn AJ and the majority of the Full Bench are attached, together with the judgment of the minority of the Full Bench.
TAKE NOTICE THAT the accompanying affidavit of LESLIE LIDDEL together with the annexures thereto will be used in support of this application.
TAKE NOTICE FURTHER that the applicants have appointed the address of their attorneys as set out below at which they will accept notice and service of all process in these proceedings.
TAKE NOTICE FURTHER that if you wish to oppose this application you are required to do so in writing within ten (10) days from the date upon which this application is lodged with the Registrar of the above honourable Court, and to indicate the grounds of such opposition.
DATED at JOHANNESBURG on this the day of SEPTEMBER 2008
___________________________
LEGAL RESOURCES CENTRE Attorneys for the Applicants 9th Floor, Bram Fischer House 25 Rissik Street, Johannesburg Tel: (011) 836-9831
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Fax: (011) 834-4273 Email: [email protected] Ref: Mr.A Mayet / 4263/05
TO: The Registrar of the above Honourable Court
JOHANNESBURG
AND TO: THE STATE ATTORNEY
1st, 2nd and 3rd Respondents’ Attorneys 8th Floor, Old Mutual Centre
167 Andries Street PRETORIA
Ref: PC/eb/897/2002/3863/H2
AND TO: BOWMAN GILFILLAN INC Fourth Respondent’s Attorneys 165 West Street
Sandown, Sandton Tel: (011) 669-9000 Fax: (011) 669-9001 Ref: Mr A Purchase
