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Altron TMT Holdings Proprietary Limited and Another v Minister of Trade and Industry and Others (2019/46376) [2020] ZAGPJHC 162

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Altron TMT Holdings Proprietary Limited and Another v Minister of Trade and Industry and Others (2019/46376) [2020] ZAGPJHC 162

17th July 2020

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1] The applicant (“Altron”) applied for an order reviewing and setting aside a decision of the first respondent (“the Minister”) which was made on or about 1st of April 2019 and published in the Government Gazette on 7th of May 2019. The publication reads: –

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“I, Dr Rob Davis, Minister of Trade and Industry hereby:

Designate and grant the final approval for the Broad-Based Black Economic Empowerment Facilitator Status to the Government of South Africa represented by the Office of the Presidency for the full shares of 40.50 % held in Telkom South Africa State Owned Company.”

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[2] In the same application Altron sought a declarator that the second respondent was not under the “ownership control” of the Government as that phrase is defined in the Public Finance Management Act 1999 (“the PFMA”) and is not a “public entity” in terms of the PFMA. In the alternative Altron sought a declarator that the second respondent is an inappropriate public entity for the purposes of being granting Broad-Based Black Economic Empowerment Facilitator Status in terms of the ICT Sector Code published in terms of section 9 (1) of the Broad-Based Black Economic Empowerment Act 2003.

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