South Africa Case Law

Kemp and Others v Wyk and Others (335/2004)

Kemp and Others v Wyk and Others (335/2004) [2005] ZASCA 77; [2008] 1 All SA 17 (SCA); 2005 (6) SA 519 (SCA) (19 September 2005)

Court

Supreme Court of Appeal

Case number

335/2004

Judges

Howie, Scott, Mthiyane, Nugent, Mlambo

The Supreme Court of Appeal held that the Director of Animal Health lawfully exercised his discretion in refusing the permit for importation of sable antelope from Zimbabwe. The Director was entitled to rely on the embargo policy, provided he was independently satisfied that the policy was appropriate to the particular case and did not treat it as a binding rule. The evidence established that the Director considered the application, albeit briefly, and concluded that the embargo was suitable in the circumstances. The court found no grounds to refer the matter for oral evidence, nor any basis…

Source excerpt

• Exercise Of Discretion
• Application Of Policy
• Animal Diseases Act
• Judicial Review
• Importation Permits