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

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 and Affected Persons 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").

Shareholders are referred to the Stock Exchange News Service ("SENS") announcement released on
Thursday, 7 November 2024, which outlines the details in Part A and Part B of the urgent application
lodged on 6 November 2024 in the High Court of South Africa, KwaZulu Natal Local Division, Durban
(" the Court"), under case number D13702/2024, by RGS Group Holdings Limited ("RGS"), against,
inter alios, the Company, the Business Rescue Practitioners ("BRPs") ("the Application"), the Vision
Parties, the Lender Group, Mohini Singari Naidoo (t/a Powertrans Sales and Service.

The Affected Persons of THL are cited as the twelfth respondent in the aforesaid Application. As
previously advised in the SENS announcement released on Wednesday, 19 February 2025, which
outlined the Court's judgement, the Court dismissed Part A of the Application to interdict the
implementation of the adopted business rescue plan of THL ("the Plan") and ordered RGS to pay the
costs of the Application on the highest scale, including the costs of two counsel where employed. In its
ruling, the Court found that RGS had not demonstrated grounds for urgency, or grounds to justify the
interdict sought by RGS. However, the Court granted RGS leave to supplement its founding affidavit
for Part B of the Application, and granted leave to inter alios, the BRPs and THL to deliver further
affidavits in response in relation to Part B of the Application, if RGS choose to proceed with Part B of
its Application.

RGS has chosen to proceed with Part B of its Application and delivered its supplementary founding
affidavit on 30 March 2025, seeking to set aside the Plan as approved and adopted by the requisite
majority of creditors on 11 January 2024. RGS's supplementary founding affidavit will be uploaded to
THL's website at https://www.tongaat.com/business-rescue/

Affected Persons are entitled to (i) receive a copy of the Application; (ii) take independent legal advice
and (iii) elect to participate in Part B of the Application. A copy of the Application is available on THL's
website at https://www.tongaat.com/business-rescue/

Any cited parties who wish to oppose Part B of the Application can do so on or before 14 April 2025
and deliver their answering affidavits on or before 9 May 2025.

Shareholders and Affected Persons are reminded that all notices and documents regarding the
business rescue proceedings of the Company, including the abovementioned Notice, are available on
the THL website under the 'Business Rescue' tab https://www.tongaat.com/business-rescue/.

4 April 2025

Sponsor
PSG Capital

Date: 04-04-2025 03:30:00
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