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Announcement regarding High Court of Botswana proceedings
TONGAAT HULETT LIMITED
(Incorporated in the Republic of South Africa)
Registration number: 1892/000610/06
Share code: TON
ISIN: ZAE000096541
("Tongaat Hulett" or the "Company")
Announcement regarding High Court of Botswana proceedings
Shareholders and Affected Persons are advised that on 25 February 2026, Bowwood and
Main No 296 (RF) Proprietary Limited ("Bowwood"), an entity related to Vision Investments
155 (Pty) Limited, instituted proceedings out of the High Court of Botswana under case
number UAHGB 000065-26, in which proceedings Bowwood obtained an order, on an ex parte
basis, and without prior notice to the business rescue practitioners ("the BRPs") of Tongaat
Hulett Limited (under business rescue) ("Tongaat"), Tongaat itself, or Tongaat Hulett
Botswana (Pty) Ltd ("THB"), to, inter alia, recognise a general notarial bond in favour of
Bowwood registered over the assets of Tongaat, with particular reference to the shares of
Tongaat held in THB ("the ex parte order"). The ex parte order was granted by the High
Court of Botswana on 26 February 2026.
On 8 May 2026, an application ("the rescission application") was instituted by the BRPs,
Tongaat and THB against Bowwood for, inter alia, the rescission of the ex parte order.
On 13 May 2026, and notwithstanding opposition by Bowwood, the High Court of Botswana
granted an order interdicting Bowwood from taking any steps to enforce, execute upon,
implement or otherwise give effect to the ex parte order, pending the final determination of the
BRPs', Tongaat's and THB's entitlement to a final order in, inter alia, the following terms:
• that the ex parte order be rescinded and set aside in its entirety, in terms of Order 48
Rule 1(a) of the Rules of the High Court of Botswana, alternatively in terms of the
common law;
• that any and all writs, warrants, notices of attachment, instructions, registrations,
endorsements, transfers, notations, or other steps taken pursuant to, in reliance upon,
or in purported execution of the ex parte order be declared to be of no force or effect
and set aside;
• that the Deputy Sheriff of Botswana be directed to reverse, cancel, or otherwise undo
any steps taken pursuant to the ex parte order, including without limitation any
attachment, transfer, registration, endorsement, or notation effected in respect of the
shares held by Tongaat in THB; and
• that the status quo as it existed immediately prior to the granting of the ex parte order
be restored in all respects.
The rescission application will be argued on 22 June 2026. Shareholders and Affected
Persons will be kept informed of any material developments.
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 at https://www.tongaat.com/business-
rescue/.
15 May 2026
Sponsor
PSG Capital
Date: 15-05-2026 01:00:00
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