Sharenet Sites 
Sharenet Sites
High Court Dismisses Foskor’s Appeal Against Omnia
Omnia Holdings Limited
Incorporated in the Republic of South Africa
(Registration number 1967/003680/06)
Share code: OMN ISIN: ZAE000005153
(“Omnia” or “the Company” or “the Group”)
HIGH COURT DISMISSES FOSKOR’S APPEAL AGAINST OMNIA
Shareholders are referred to the Company’s audited results for the year ended 31 March 2017 and integrated
annual report for the year ended 31 March 2017 (“Integrated Annual Report”), wherein shareholders were advised
that the Group has been involved in a legal dispute with Foskor Proprietary Limited (“Foskor”) since 2014. At the
time of the distribution of the Integrated Annual Report, Foskor’s appeal to the full bench of the High Court was
pending and was set down to be heard on 16 August 2017.
The board of directors of the Company is pleased to report to shareholders that on 6 November 2017, the full
bench of the High Court in Pretoria dismissed Foskor’s appeal against Omnia, with costs.
Omnia Fertilizer currently sources all of its phosphoric acid from Foskor. The basis of Omnia’s dispute, was that
Foskor through its position as the sole producer of phosphoric acid in the region, as well as having sole access to
the import/export terminal at Richards Bay, has for the period 2014 to date, set the domestic phosphoric acid price
at a level higher than the international price. This practice took place despite a Competition Tribunal order aimed at
preventing this practice by Foskor and resulted in Omnia embarking on extensive litigation to rectify the situation.
The effect of this practice resulted in overcharges by Foskor for the supply of phosphoric acid to Omnia and Omnia
has claimed a substantial refund from Foskor for such amounts.
In October 2015, the High Court gave judgement in favour of Omnia by enforcing the Competition Tribunal order.
Subsequently, in March 2016, Foskor lodged an appeal that resulted in the High Court judgement being
suspended and Foskor being granted leave to appeal to the full bench of the High Court. The dismissal of Foskor’s
appeal by the full bench of the High Court, is the third time that Foskor has failed to convince the courts of the
merits of its case.
The Company is pursuing the matter through the courts to ensure that the High Court judgement is upheld and that
Foskor’s pricing is in accordance with the judgement.
To the extent that this matter continues through any further legal processes, shareholders will be updated
timeously.
Johannesburg
8 November 2017
Sponsor
Merchantec Capital
Date: 08/11/2017 07:30:00 Produced by the JSE SENS Department. The SENS service is an information dissemination service administered by the JSE Limited ('JSE').
The JSE does not, whether expressly, tacitly or implicitly, represent, warrant or in any way guarantee the truth, accuracy or completeness of
the information published on SENS. The JSE, their officers, employees and agents accept no liability for (or in respect of) any direct,
indirect, incidental or consequential loss or damage of any kind or nature, howsoever arising, from the use of SENS or the use of, or reliance on,
information disseminated through SENS.
