Phindi

Hearing she lost the appeal with costs, anyone confirm ?

Sorry Hibs - didn't hear anything

Would be nice to obtain confirmation and total costs?

This was the last I heard on this matter:-

Africa Race Group CEO Phindi Kema intends taking her battle with Phumelela Gaming and Leisure and Gold Circle to the Constitutional Court, having had no success at the Competition Appeal Court.

In September, Ms Kema’s application to appeal against the conditional approval of a merger between Gold Circle and the Thoroughbred Horseracing Trust, in which Phumelela was involved, was dismissed. The court ruled Ms Kema did not have the standing to appeal against a decision by the tribunal.

She has now applied to the court for leave to appeal to the Constitutional Court. The matter is set to be heard early December

Titch Wrote:

---

> This was the last I heard on this matter:-
>
> Africa Race Group CEO Phindi Kema intends taking
> her battle with Phumelela Gaming and Leisure and
> Gold Circle to the Constitutional Court, having
> had no success at the Competition Appeal Court.
>
> In September, Ms Kema’s application to appeal
> against the conditional approval of a merger
> between Gold Circle and the Thoroughbred
> Horseracing Trust, in which Phumelela was
> involved, was dismissed. The court ruled Ms Kema
> did not have the standing to appeal against a
> decision by the tribunal.
>
> She has now applied to the court for leave to
> appeal to the Constitutional Court. The matter is
> set to be heard early December


It was the above case i heard she lost

Hi,

Re the appeal that was heard in the Cape Town High Court on Friday, her appeal was dismissed with costs.

zsuzsanna04 Wrote:

---

> Hi,
>
> Re the appeal that was heard in the Cape Town High
> Court on Friday, her appeal was dismissed with
> costs.
(tu)(tu)

Surely now it's time for her to move on...

Phindi Kema appeal dismissed with costs

09 December 2013

On Friday, 6 December 2013, the Competition Appeal Court heard an application filed by Ms. Phindi Kema and Africa Race Group (Proprietary) Limited (“the Applicants”) for leave to appeal to the Constitutional Court. The Competition Appeal Court had decided that the Applicants did not have standing to appeal the Competition Tribunal’s decision to approve the intermediate mergers between Gold Circle and Kenilworth Racing and Kenilworth Racing and the Thoroughbred Horseracing Trust.

Advocate S Chitando, instructed by attorneys Burmeister de Lange Soni, appeared on behalf of the Applicants, Advocate M Smithers (SC), instructed by Barkers Attorneys appeared on behalf of Gold Circle, and Advocate A Cockrell (SC), instructed by attorneys Roodt Incorporated, appeared on behalf of Kenilworth Racing and the Thoroughbred Horseracing Trust.

Mr. Justice Dennis Davis, Judge President of the Competition Appeal Court, rejected the submissions made by Advocate Chitando that there was a reasonable prospect that the Constitutional Court would arrive at a different interpretation of the relevant sections of the Competition Act, 89 of 1998 in regard to the categories of persons entitled to appeal a decision of the Competition Tribunal in merger proceedings than the interpretation of the Competition Appeal Court in Distillers Corporation (SA) Ltd and Another v Bulmer (SA) (Pty) Ltd and Another(08/CAC/May01) and in the above matter.

In the circumstances, Mr Justice Davis dismissed the appeals filed by the Applicants and, in doing so, awarded costs in favour of the merging parties.