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TONGAAT HULETT LIMITED
(Incorporated in the Republic of South Africa)
Registration number: 1892/000610/06
Share code: TON
ISIN: ZAE000096541
(the “Company”)
NOTICE TO AFFECTED PERSONS
Shareholders and Affected Persons are advised that a notice has been issued in accordance
with section 128 of the Companies Act 71 of 2008 ("the Companies Act"), as amended, read
together with sections 144, 145 and 146 of the Act, to Affected Persons ("Notice").
The Notice advises Affected Persons that the Company, together with its joint business rescue
practitioners ("BRPs"), has brought an application for leave to appeal to the Constitutional
Court of South Africa against the judgment of the Supreme Court of Appeal delivered on
15 December 2025, under case number 945/2024 ("the Application").
In the Application, the Company and the BRPs seek, inter alia, an order setting aside the
judgment of the Supreme Court of Appeal and substituting it with an order declaring that the
BRPs are empowered, for the duration of the business rescue proceedings, to suspend certain
payment obligations of the Company arising under the Sugar Industry Agreement, 2000. In
the alternative, the Application seeks relief declaring section 136(2)(a)(i) of the Companies Act
unconstitutional and invalid insofar as it fails to provide for the suspension of regulatory
charges that become due during business rescue proceedings, together with consequent
reading-in relief.
As previously advised to Affected Persons, the Company and the BRPs have cited the
Affected Persons of Tongaat Hulett as a respondent in the underlying proceedings. Affected
Persons are accordingly entitled, in terms of the Companies Act, to receive a copy of the
Application, to take independent legal advice in relation thereto and to participate in the
proceedings, should they wish to do so.
A copy of the founding papers in the Application for leave to appeal is available on the
Company’s website at: https://www.tongaat.com/business-rescue/
Shareholders and Affected Persons are reminded that all notices and documents relating to
the business rescue proceedings of the Company are published and made available on the
Company's website under the "Business Rescue" tab.
5 February 2026
Sponsor
PSG Capital
