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AFRICAN PHOENIX INVESTMENTS LIMITED - Notice of Motion

Release Date: 04/04/2019 16:23
Code(s): AXL AXLP     PDF:  
 
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Notice of Motion

AFRICAN PHOENIX INVESTMENTS LIMITED
Incorporated in the Republic of South Africa
(Registration number 1946/021193/06)
Ordinary share code: AXL      ISIN: ZAE000221370
Hybrid instrument code: AXLP     ISIN: ZAE000221388
(“African Phoenix” or “the Company”)

NOTICE OF MOTION

BE PLEASED TO TAKE NOTICE THAT application will be made on behalf of the abovenamed
Applicant (ie the Company) on a date to be arranged with the Registrar for an order in the
following terms:

1     Endorsing the service of this application on the Applicant’s shareholders reflected in
      the Applicant’s register of members (other than the Respondent, being BNS
      Nominees Proprietary Limited), which was effected in the following manner:

      1.1    By publication once, in the print edition of each of the Business Day,
             Rapport, and Die Beeld newspapers, of:

             1.1.1    a copy of this Notice of Motion;

             1.1.2    the details of the Applicant’s website and the fact that an electronic
                      copy of the papers in this application are available on the website;
                      and

             1.1.3    the fact that the papers in this application shall also lie for
                      inspection during normal business hours prior to the court hearing
                      and that copies thereof may be obtained free of charge on request
                      during normal business hours from the Applicant’s registered
                      offices at 3rd Floor Global House, 28 Sturdee Avenue, Rosebank,
                      Johannesburg.

      1.2    By posting a reasonably prominent notice on the Applicant’s website
             entitled “Notification of relief sought in terms of section 115(5)(a) of the
             Companies Act 71 of 2008” which, by link or otherwise:

             1.2.1   provides the viewer with access to electronic copies of the papers
                     in this application; and

             1.2.2   informs the viewer of the fact that the papers in this application may
                     also be obtained free of charge on request during normal business
                     hours from the Applicant’s registered offices at 3rd Floor Global
                     House, 28 Sturdee Avenue, Rosebank, Johannesburg.

      1.3    By publication by way of the Johannesburg Stock Exchange’s Stock
             Exchange News Service (SENS) of:

             1.3.1    a copy of this Notice of Motion;

             1.3.2   the details of the Applicant’s website and the fact that an electronic
                     copy of the papers in this application are available on the website;
                     and

             1.3.3   the fact that the papers in this application shall also lie for
                     inspection during normal business hours prior to the court hearing
                     and that copies thereof may be obtained free of charge on request
                     during normal business hours from the Applicant’s registered
                     offices at 3rd Floor Global House, 28 Sturdee Avenue, Rosebank,
                     Johannesburg.

      1.4      By the papers in this application having lain for inspection during normal
               business hours prior to the court hearing and copies of these documents
               having been made available free of charge on request during normal
               business hours from the Applicant’s registered offices at 3rd Floor Global
               House, 28 Sturdee Avenue, Rosebank, Johannesburg.

2       Declaring that special resolution 1 (as described in the Applicant’s notice of general
        meeting at page 163 of annexure FA3 to the founding affidavit) adopted by the
        shareholders of the Applicant at the general meeting of the Applicant on 20 March
        2018, is approved;

3       Any party who opposes this application pay the costs of this application and, in the
        event of opposition by more than one person, ordering such persons to pay the costs
        of this application jointly and severally, the one paying the others to be absolved.

4       Further and/or alternative relief.

BE PLEASED TO TAKE NOTICE FURTHER THAT the accompanying affidavit of OYAMA
ANDREW MABANDLA and annexures thereto will be used in support of this application.

TAKE NOTICE FURTHER THAT the Applicant has appointed the offices of Attorneys
Webber Wentzel, 90 Rivonia Road, Sandton, Johannesburg (Reference: Mr Holfeld / Mr
Crosland) as the address at which the Applicant will accept service of all notices and
process in these proceedings.

If you intend to oppose this application, you are required:

1           In the case of the Respondent, to notify the Applicant’s attorneys of such
            opposition in writing within five (5) days of service of this application on the
            Respondent;

2           In the case of any other shareholder of the Applicant other than the
            Respondent, to notify the Applicant’s attorneys of such opposition in writing by
            no later than five (5) days after the latest step taken in service of this
            application on the Applicant’s shareholders as set out in prayer 1 above of the
            Notice of Motion.

3           To appoint in such notification an address referred to in Rule 6(5)(b) at which
            you will accept notice and service of all documents in these proceedings;

4           Within fifteen (15) days of having given such notice of intention to oppose, to
            file your answering affidavit, if any.
            If no such notice of intention to oppose be given, the application will be made on
            Wednesday the 5th day of June at 10h00 or so soon thereafter as Counsel may be
            heard.



Johannesburg
4 April 2019

Financial advisor
RAND MERCHANT BANK (A division of FirstRand Bank Limited)

Legal advisor
Webber Wentzel

Sponsor
Merchantec Capital

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