Top Lay Egg Co-op Ltd & Another v Minister of Agriculture, Forestry and Fisheries & Others

The Minister of Agriculture designated ‘Agency for Food Safety’ as an assignee under s 2(3) of the Agricultural Product Standards Act 119 of 1990 to inspect regulated animal products, including poultry and eggs. The designation referred to the assignee by its trade name. The designated entity, Food Safety Agency (Pty) Ltd, operated through its wholly owned subsidiary, Agency for Food Safety and Quality (Pty) Ltd, which conducted inspections and invoiced poultry producers. The appellants, egg producers and marketers, challenged the designation, the scope of the assignee’s powers to inspect and levy fees, and the determination of inspection fees, alleging confusion as to the assignee’s identity and that the fees were arbitrary and reviewable under PAJA.

The appeal was dismissed with costs, including the costs of two counsel where applicable.

The judgment clarifies the scope of powers conferred on assignees under the Agricultural Product Standards Act, confirms that such assignees exercise public power subject to PAJA, and applies the Endumeni contextual approach to statutory and document interpretation in administrative designations. It reinforces that statutory assignees may determine inspection fees in the absence of detailed regulations, provided the process is procedurally fair and rational.