Ynuico Limited v Minister of Trade and Industry and Others

Ynuico Limited, a supplier of tea in South Africa, challenged the constitutionality of section 2(1)(b) of the Import and Export Control Act 45 of 1963. That provision empowers the Minister of Trade and Industry to prohibit the importation of specified goods, including tea, except under permit conditions determined by the Minister. Acting under this power, the Minister had issued a notice in 1988 restricting tea imports. Ynuico was refused a permit to import foreign tea unless it first purchased a prescribed percentage of locally produced tea. In proceedings before the Transvaal Provincial Division, the constitutionality of section 2(1)(b) was referred to the Constitutional Court for determination.

Section 2(1)(b) of the Import and Export Control Act 45 of 1963 was declared not inconsistent with section 37 of the interim Constitution and therefore valid. The applicant was ordered to pay the costs of the proceedings in the Constitutional Court. The matter was remitted to the Transvaal Provincial Division for determination of any remaining issues, including reserved costs.

This case is significant for clarifying the constitutional status of pre-1994 legislation that delegated wide legislative powers to the executive. It confirms that such delegations are preserved under section 229 of the interim Constitution and are not invalid merely because they would conflict with post-constitutional principles governing legislative authority. The judgment underscores the prospective operation of constitutional provisions allocating legislative power and reinforces legal continuity during South Africa’s constitutional transition.