Mohalenyane Phakela
THE Court of Appeal has dismissed a case in which wool and mohair farmers were attempting to have the Agricultural Marketing (Wool and Mohair) Regulations No. 37 of 2018 nullified.
Court of Appeal president, Kananelo Mosito, assisted by Acting Justices of Appeal Philip Musonda and November Mtshiya dismissed the appeal to have the aforementioned law disqualified.
The matter was filed by Mohlalefi Moteane, Farmers Rock Wool and Mohair, Mahloenyeng Trading and Highland Wool and Mohair on 18 January 2019 after the High Court had earlier dismissed the case.
“The impugned regulations are no more and the new regulations were not subject of a hearing in the court a quo (lower court) therefore cannot be subject of the appeal as was changed during the course of the hearing,” the judgement that was delivered on 1 February 2019 reads.
“In our view we cannot take this matter further. We order that the appeal be struck off from the roll. The appellants to costs of the appeal on attorney-client scale, jointly and severally, the one paying the other being absolved.”
In the High Court, the appellants sought the invalidation of the Marketing (Trading) Regulations No. 4 of 1974, Agricultural Marketing (Wool and Mohair) Regulations No. 37 of 2018 and that the two regulations were ultra vires (beyond legal power) the Agricultural Marketing Act of 1967 as amended.
The Agricultural Marketing (Wool and Mohair Licensing) Regulations 2018 were gazetted on 4 May 2018 by Minister of Agriculture and Food Security, Mahala Molapo. On 30 August 2018, the Minister of Small Business, Cooperatives and Marketing, Chalane Phori, repealed the Agricultural Marketing (Wool and Mohair Licencing) Regulations No. 37 of 2018, to Agricultural Marketing (Wool and Mohair Licencing) (Amendment) Regulations No. 65 of 2018.
The regulations forbid anyone to trade in wool and mohair without a license obtained from Ministry of Small Business, Cooperatives and Marketing and that all the transactions should be done from Lesotho.
Aggrieved by the promulgation of these regulations by Mr Molapo, the appellants approached the High Court to seek the regulations invalidity. The appellants were unsuccessful as the High Court Judge, Moroke Mokhesi, held the regulations to be valid.
The appellants then approached the Court of Appeal on 18 January 2019 but only to challenge the Agricultural Marketing (Wool and Mohair) Regulations No. 37 of 2018 but the apex court dismissed the matter on grounds that the regulations no longer existed.
