Top Lay Egg Co-op Limited and Others v Minister of Agriculture Forestry and Fisheries and Others (A218/2020) [2022] ZAGPPHC 17 (11 January 2022)

Top Lay Egg Co-op Limited and Others v Minister of Agriculture Forestry and Fisheries and Others (A218/2020) [2022] ZAGPPHC 17 (11 January 2022)

The court held that the Minister's assignment of powers to the assignee under the APS Act was lawful and included, by necessary implication, the powers of inspection, grading, and sampling under section 3A. The assignee was entitled to determine and levy fees for inspections, and the process followed was not...

Source-derived case information.

Citation
[2022] ZAGPPHC 17
Parties
Appellant: Top Lay Egg Co-op Limited; Appellant: George Schwartzel Boerdery (Pty) Ltd; Appellant: Eggbert Eggs (Pty) Ltd; Appellant: WW Bartlett Poultry Farm (Pty) Ltd; Respondent: Minister of Agriculture Forestry and Fisheries; Respondent: Executive Officer: Agricultural Product Standards, Department of Agriculture: Food Safety & Quality Assurance; Respondent: Food Safety Agency (Pty) Ltd; Respondent: Agency for Food Safety & Quality (Pty) Ltd; Respondent: Agency for Food Safety
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
11 January 2022
Case Number
A218/2020
Procedural Posture
Civil Appeal / Full Bench Appeal From Refusal of Leave to Appeal; Judgment on Merits
Outcome
Appeal dismissed with costs; invoices issued by the Fourth Respondent set aside.
Judges
Bokako, Tlhapi V V, Phahlamohlaka K F
Legal Topics
Delegation of Statutory Powers, Levying of Inspection Fees, Review of Administrative Action, Promotion of Administrative Justice Act, Interpretation of Statutes
Administrative Law Commercial and Corporate Delegation of Statutory Powers Levying of Inspection Fees Review of Administrative Action Promotion of Administrative Justice Act Interpretation of Statutes

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Parties

Top Lay Egg Co-op Limited

Appellant

George Schwartzel Boerdery (Pty) Ltd

Appellant

Eggbert Eggs (Pty) Ltd

Appellant

WW Bartlett Poultry Farm (Pty) Ltd

Appellant

Minister of Agriculture Forestry and Fisheries

Respondent

Executive Officer: Agricultural Product Standards, Department of Agriculture: Food Safety & Quality Assurance

Respondent

Food Safety Agency (Pty) Ltd

Respondent

Agency for Food Safety & Quality (Pty) Ltd

Respondent

Agency for Food Safety

Respondent

Procedural Posture

Civil Appeal / Full Bench Appeal From Refusal of Leave to Appeal; Judgment on Merits

Legal Issues

  1. 1 Whether the Minister lawfully assigned powers to levy inspection fees to the assignee under the Agricultural Product Standards Act.
  2. 2 Whether the assignee's powers included inspection, grading, and sampling under section 3A of the APS Act.
  3. 3 Whether the determination and levying of fees by the assignee was lawful and rational.

Ratio Decidendi

The court held that the Minister's assignment of powers to the assignee under the APS Act was lawful and included, by necessary implication, the powers of inspection, grading, and sampling under section 3A. The assignee was entitled to determine and levy fees for inspections, and the process followed was not arbitrary or capricious, as stakeholder consultation occurred and statutory controls were in place. The Fourth Respondent, not being the designated assignee, was not authorized to issue invoices or conduct inspections, and such invoices were correctly set aside. The review application under PAJA was launched outside the prescribed 180-day period, and no sufficient grounds for...

Court Disposition

Appeal dismissed with costs; invoices issued by the Fourth Respondent set aside.

Orders

  • The appeal is dismissed with costs.
  • Invoices issued by the Fourth Respondent are set aside.