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TONGAAT HULETT LIMITED - Notice to affected persons of Tongaat Hulett Limited

Release Date: 08/05/2025 15:00
Code(s): TON     PDF:  
Wrap Text
Notice to affected persons of Tongaat Hulett Limited

TONGAAT HULETT LIMITED
(Incorporated in the Republic of South Africa)
Registration number: 1892/000610/06
Share code: TON
ISIN: ZAE000096541
(the "Company" or "THL")


            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 was launched on 25 April 2025 in the High Court of South Africa, Gauteng Local Division,
Johannesburg under case number 2025-058067 ("the application"), by Muhammad Faiz Turk and
Muhammad Shakeel Turk ("the applicants"), against inter alios, the Company, the Business Rescue
Practitioners ("BRPs") and the Vision Parties (collectively "the Parties"). The Affected Persons of the
Company are cited as the thirtieth respondent in the application.

In the application, the applicants have sought, inter alia:

    •   a declaratory order to the effect that the business rescue plan adopted by the majority of
        creditors present and voting on 11 January 2025 ("the Plan") alters the rights of shareholders
        and has not been finally or lawfully adopted;
    •   a declaratory order that any steps taken by the BRPs to give effect to the Plan post its adoption
        are invalid, void ab initio and fall to be set aside; and
    •   that the Parties are interdicted from taking any steps to give effect to the Plan.

The applicants have sought that the application be allocated to the newly established Insolvency Motion
Court in Gauteng.

Any party wishing to oppose the application must:

    •   give notice of their intention to do so by no later than 14 May 2025; and
    •   deliver their answering affidavit by no later than 4 June 2025.

THL and the BRPs will be opposing the application. Implementation of the Plan remains on track in the
best interest of the Company, its employees, and stakeholders.
Shareholders and Affected Persons are also reminded that all notices and documents regarding the
business rescue proceedings of the Company, including the abovementioned Notice, that have been
and/or will be circulated to all known Affected Persons are available on the THL website under the
'Business Rescue' tab https://www.tongaat.com/business-rescue/.


8 May 2025

Sponsor
PSG Capital

Date: 08-05-2025 03:00:00
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