An attempt by an alliance of foreign poultry producers to strike down quantitative restrictions on the basis of World Trade Organisation and Southern African Development Community treaty obligations has been dismissed by the High Court of Namibia.
The producers' alliance, SAPA, with five producers and exporters, Crown Chickens, Supreme Poultry, Rainbow Farms, Astral Farms and Afrgri Poultry, invoked not only international law obligations against the Government of Namibia and the country's infant industry, but also article 144 of the Constitution of Namibia. It was contended that the latter elevates international law obligations over domestic statutes. Consequently, the applicants argued, import restrictions imposed in 2013 on poultry products by the Minister of Trade and Industry were unlawful.
The High Court dismissed the application, ordering the association and five corporate applicants to pay the costs of Namib Poultry Industries, the Meat Board of Namibia and the Government of Namibia.
Jeremy Gauntlett SC led a team of four counsel for Namib Poultry Industries.