Top Lay Egg Co-op Ltd and Another v Minister of Agriculture, Forestry and Fisheries and Others (400/2022) [2023] ZASCA 67 (16 May 2023)

Top Lay Egg Co-op Ltd and Another v Minister of Agriculture, Forestry and Fisheries and Others (400/2022) [2023] ZASCA 67 (16 May 2023)

The Supreme Court of Appeal held that the Minister's designation of 'Agency for Food Safety' as assignee was legally effective, as it referred to the trade name of Food Safety Agency (Pty) Ltd, and any initial confusion was clarified prior to litigation. The powers conferred on the assignee included inspection, grading, sampling, and fee determination, as these were not expressly excluded and were necessary for the application of sections 3(1) and 4A. The determination of fees was not arbitrary or irrational; it followed a consultative process with industry stakeholders, resulting in a fair and reduced fee structure. The absence of formal regulations for fee calculation did not render the...

Citation
[2023] ZASCA 67
Parties
Appellant: Top Lay Egg Co-op Limited; Appellant: George Schwartzel Boerdery (Pty) Ltd; Respondent: Minister of Agriculture, Forestry and Fisheries; Respondent: Executive Officer: Agricultural Product Standards, Department of Agriculture: Food Safety and Quality Assurance; Respondent: Food Safety Agency (Pty) Ltd; Respondent: Agency for Food Safety and Quality (Pty) Ltd; Respondent: Agency for Food Safety
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
16 May 2023
Case Number
400/2022
Procedural Posture
Civil Appeal / Appeal From Full Court of Gauteng Division of the High Court, Pretoria
Outcome
Appeal dismissed with costs, including costs of two counsel where applicable.
Judges
Saldulker, Mothle, Matojane, Nhlangulela, Unterhalter
Legal Topics
Agricultural Product Standards Act, Designation of Assignee, Review of Administrative Action, Fee Determination, Procedural Fairness, Interpretation of Statutes
Administrative Law Agricultural Product Standards Act Designation of Assignee Review of Administrative Action Fee Determination Procedural Fairness Interpretation of Statutes

Case Brief

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Parties

Top Lay Egg Co-op Limited

Appellant

George Schwartzel Boerdery (Pty) Ltd

Appellant

Minister of Agriculture, Forestry and Fisheries

Respondent

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

Respondent

Food Safety Agency (Pty) Ltd

Respondent

Agency for Food Safety and Quality (Pty) Ltd

Respondent

Agency for Food Safety

Respondent

Procedural Posture

Civil Appeal / Appeal From Full Court of Gauteng Division of the High Court, Pretoria

Legal Issues

  1. 1 Whether the Minister's letter designated the correct entity as assignee under the Agricultural Product Standards Act.
  2. 2 Whether the assignee had the power to inspect products and charge producers' fees under the Act.
  3. 3 Whether the determination of fees by the assignee was reviewable under PAJA for arbitrariness, capriciousness, or irrationality.

Ratio Decidendi

The Supreme Court of Appeal held that the Minister's designation of 'Agency for Food Safety' as assignee was legally effective, as it referred to the trade name of Food Safety Agency (Pty) Ltd, and any initial confusion was clarified prior to litigation. The powers conferred on the assignee included inspection, grading, sampling, and fee determination, as these were not expressly excluded and were necessary for the application of sections 3(1) and 4A. The determination of fees was not arbitrary or irrational; it followed a consultative process with industry stakeholders, resulting in a fair and reduced fee structure. The absence of formal regulations for fee calculation did not render the...

Court Disposition

Appeal dismissed with costs, including costs of two counsel where applicable.

Orders

  • The appeal is dismissed.
  • The appellant is ordered to pay the respondents’ costs of appeal, including the costs of two counsel where applicable.