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TONGAAT HULETT LIMITED
(Incorporated in the Republic of South Africa)
Registration number: 1892/000610/06
Share code: TON
ISIN: ZAE000096541
(“Tongaat Hulett” or “Company”)
NOTICE TO AFFECTED PERSONS OF TONGAAT HULETT LIMITED
Shareholders are advised that a notice has been issued in accordance with section 128 of the
Companies Act 71 of 2008 (“the Act”), as amended, read together with sections 144(3)(a),
145(1)(a) and 146(a) of the Act, to Affected Persons (“Notice”).
An application ("the application") was issued on 5 April 2024 in the High Court of South
Africa, KwaZulu Natal Local Division, Durban, under case number D3902/2024, by Mohini
Singari Naidoo trading as Powertrans Sales & Services ("Powertrans"), against, inter alios,
the Company, the Company's appointed Business Rescue Practitioners ("the BRPs") and the
Vision Parties.
In the application, Powertrans has sought, inter alia, the following relief in the application:
• to the extent necessary, granting Powertrans leave to bring the application against the
Company in terms of section 133(1)(b) of the Companies Act;
• declaring the business rescue plan adopted in relation to the Company at the meeting of
creditors held on 11 January 2024 to be unlawful and setting it aside;
• directing the Company and the BRPs to comply, in the manner contemplated in section
7(k) of the Companies Act, with their duties and the procedures which are set out in
sections 140(1)(d), 141(1) & (2) (a), 145(1)(a) and 150 to 152 of the Companies Act; and
• that the costs of the application, including the costs of two counsel, be paid by the
Company and the BRPs as well as any other party who enters notice to oppose jointly and
severally, the one paying the others to absolved.
A copy of the Notice of Motion and Founding Affidavit in the abovementioned application is
available on THL's website at https://www.tongaat.com/business-rescue/.
Shareholders and Affected Persons are reminded that all notices and documents regarding
the business rescue proceedings of the Company, including the abovementioned Notice, that
have been circulated to all known Affected Persons, are published and made available to all
Affected Persons, on the Tongaat Hulett website at: www.tongaat.com, under the ‘Business
Rescue’ tab.
11 April 2024
Sponsor
PSG Capital
