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IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA HELD AT BRAAMFONTEIN

CC Case No:

CAC Case No: 154/CAC/Sept17

In the matter between:

THE COMPETITION COMMISSION OF SOUTH AFRICA Applicant

and

HOSKEN CONSOLIDATED INVESTMENTS LIMITED First Respondent

TSOGO SUN HOLDINGS LIMITED Second Respondent

___________________________________________________________________

NOTICE OF APPLICATION FOR LEAVE TO APPEAL IN TERMS OF RULE 19

___________________________________________________________________

TAKE NOTICE THAT the applicant applies for leave to appeal against the judgment and order of the Competition Appeal Court in case 154/CAC/Sept17 which was delivered on 30 October 2017.

TAKE NOTICE FURTHER THAT the applicant shall ask the following order:

1. Condoning the late filing of this application for leave to appeal;

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2. Setting aside the order of the Competition Appeal Court and replacing it with the following order:

the appeal is dismissed with costs

3. Further or alternative relief.

TAKE NOTICE FURTHER THAT that the affidavit of Korkoi Ayayee, together with its annexures shall be used in support of this application.

TAKE NOTICE FURTHER THAT should any party wish to oppose the application, they are directed to file their notice together with an answering affidavit within 10 days of receipt of the application. The Chief Justice will thereafter issue directions as to the further disposal of the application.

DATED at PRETORIA this day of November 2017

_____________________________

THE COMPETITION COMMISSION Applicant 77 Meintjies Street Sunnyside PRETORIA Tel: 012 394 3335 Ref: B Majenge / K Ayayee email: [email protected]

and [email protected] and [email protected] TO:

THE REGISTRAR OF THE CONSTITUTIONAL COURT BRAAMFONTEIN

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AND TO:

NORTONS INC

Respondents’ Attorneys 135 Daisy Street

SANDTON

Ref: Anthony Norton / Nicola Ilgner Tel: 011 666 7560

email: [email protected] and [email protected]

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