MEDIA RELEASE: 19th of October 2023
AMIE SUCCEEDS WITH SUNSET REVIEW
On the 12th of October 2023, final judgement in the case brought by AMIE against the International Trade Administration Commission (ITAC), Minister of Trade, Industry and Competition (DTIC), Minister of Finance, the South African Revenue Services (SARS) and the South African Poultry Association (SAPA) regarding the continuous anti-dumping duties levied against imports from the European Union of frozen bone-in chicken (specifically from Germany, the Netherlands, and the United Kingdom). Was delivered by Retief J in the Pretoria High Court which reviewed and set aside the Minister of Finance’s decision.
The argument focused specifically on three specific issues:
- the failure of ITAC to implement Regulation 25 and 26 relating to the pre-verification of information provided by the Applicant before initiating the investigation.
- the failure to provide AMIE and other parties with an oral hearing, having regard to the fact that the strategy was changed in essential facts, letter from an 8-digit tariff level to a 7-digit tariff level after affording SAPA an oral hearing; and
- the decision was made by the Deputy Minister of Finance and issues pertaining to delegation.
AMIE applauds the detailed judgement and hopes that it would set a precedent in future procedural matters.
