WINDHOEK – Witvlei Meat filed an urgent application with the High Court last week friday in another attempt to challenge the new Norwegian export quota determined by Cabinet at the beginning of the year.
In his latest court challenge, chairperson of Witvlei Meat, Sidney Martin, wants the Cabinet decision overturned when the urgent application is heard in the High Court on February 20. Martin argues that the Minister of Trade and Industry, Calle Schlettwein concluded the allocations after asking meat companies to tender without issuing an invitation to tender. “This is tantamount to tender fraud,” he says. In the new application, Martin hints at Cabinet abdicating its decision-making powers to the Ministry of Trade and Industry, the Meat Board and the Ministry of Agriculture, Water and Forestry, or was dictated to by those instances.
Citing government, the Cabinet, the Ministry of Trade and Industry, the Meat Board, the Ministry of Agriculture, Water and Forestry, Meatco and Brukarros Meat Processors (BMP) as the seven respondents, Martin is seeking urgent relief from the High Court after Witvlei Meat’s portion of the annual quota was slashed from 800 tonnes to 300 tonnes by Schlettwein at the start of the new year. This followed after Cabinet announced a bidding process for the 2014 allocation when newcomer to the lucrative market, BMP received an allocation of 100 tonnes on condition it satisfies all export requirements of the Norwegian market. In the past, the quota was split on a 50:50 basis between Witvlei Meat and Meatco, as per Cabinet decision in 2010. A total of 1 600 tonnes of the finest quality of Namibian beef is exported annually to Norway and the Norwegian importer Nortura indicated towards the end of last that Namibian beef will be in much higher demand in the years to come.
Witvlei Meat now – pending the finalisation of the review proceedings – seeks an order to be granted by the High Court staying the effect of the decision taken by one or more or all of the first five respondents and to interdict and restrain the respondents from carrying out or performing any activities in furtherance of the decision taken by Schlettwein. Witvlei Meat also demands that the quota, subject to any quota that may lawfully be allocated to BMP, be shared between the applicant and Meatco on a 50:50 basis. All respondents must deliver an answering affidavit on or before February 7 should they desire to oppose the application.
The urgent application also calls upon the first to fifth respondents to dispatch al records of the proceedings and original decision-making to the Registrar of the High Court within fifteen days, as of January 24, to be reviewed. Witvlei Meat maintains that Cabinet’s reversal of its initial decision of 2010 was not done in a “rational, fair and reasonable manner. “We expected a thorough and extensive process of consultation with us and all stakeholders, sufficient notice to us, well in advance and after a full opportunity was given to us to make thorough representations to all decision makers, including Cabinet. It is apparent that this had not even remotely taken place,” Martin says. On December 5, last year, Witvlei Meat even wrote a letter to President Hifikepunye Pohamba, informing him of alleged false statements made by Meatco in order to secure industry support. The letter to Pohamba read, “these wrong statements were taken into account in the final decision-making and this evidences misdirection and the absence of a proper application of the mind.”
By Deon Schlechter