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Deepening Democracy through Access to Information
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Deltatex Holding Limited v Exxaro Coal (Pty) Ltd Limited and Others (166/2012) [2019] ZAGPPHC 172

14th June 2019

Click here to read the full judgment on Saflii

[1]          The applicant in its amended Notice of Motion seeks orders, inter alia, in the following terms:

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"1.       Declaring that that part of the decision handed down by the second respondent in writing on 28 August 2012 and attached to the applicants' founding affidavit marked "DHL2" which reads "within fourteen days otherwise the plaintiff will be barred to proceed with the matter(the impugned decision) to be a nullity and of no force and effect,

Alternatively

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2.         …

2.1        Reviewing and setting aside the impugned decision;

2.2        Condoning the applicants' failure to institute these proceedings for judicial review within '180 days after the date on which the applicant was informed of the administrative action referred to in paragraph 2.1 above;

Further alternatively

3.         Directing the second respondent to uplift the bar imposed by it on 28th August 2012 preventing the applicant from proceeding with the action under the aforementioned case number until and such time as the applicant has furnished the requisite security for costs of the action.

Further alternatively.

4.         Insofar as is necessary condoning the late filing of security for costs guarantee under the aforementioned case number.

5.         Directing the first respondent to file its plea or take such steps as it deems appropriate in terms of the Rules of this Honourable Court within 20 (twenty days from date of this order." 

EDITED BY: Creamer Media Reporter
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