TONGAAT HULETT LIMITED - Notice to affected persons

Notice to affected persons

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


                             NOTICE TO AFFECTED PERSONS


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 Companies Act"), as amended, read
together with sections 144, 145 and 146 of the Act, to Affected Persons ("Notice").

The Notice advises Affected Persons that the Company, together with its joint business rescue
practitioners ("BRPs"), has brought an application for leave to appeal to the Constitutional
Court of South Africa against the judgment of the Supreme Court of Appeal delivered on
15 December 2025, under case number 945/2024 ("the Application").

In the Application, the Company and the BRPs seek, inter alia, an order setting aside the
judgment of the Supreme Court of Appeal and substituting it with an order declaring that the
BRPs are empowered, for the duration of the business rescue proceedings, to suspend certain
payment obligations of the Company arising under the Sugar Industry Agreement, 2000. In
the alternative, the Application seeks relief declaring section 136(2)(a)(i) of the Companies Act
unconstitutional and invalid insofar as it fails to provide for the suspension of regulatory
charges that become due during business rescue proceedings, together with consequent
reading-in relief.

As previously advised to Affected Persons, the Company and the BRPs have cited the
Affected Persons of Tongaat Hulett as a respondent in the underlying proceedings. Affected
Persons are accordingly entitled, in terms of the Companies Act, to receive a copy of the
Application, to take independent legal advice in relation thereto and to participate in the
proceedings, should they wish to do so.

A copy of the founding papers in the Application for leave to appeal is available on the
Company's website at: https://www.tongaat.com/business-rescue/

Shareholders and Affected Persons are reminded that all notices and documents relating to
the business rescue proceedings of the Company are published and made available on the
Company's website under the "Business Rescue" tab.

5 February 2026

Sponsor
PSG Capital

Date: 05-02-2026 03:14:00
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.