Decisions to introduce a quota were not unconstitutional, irrational or unfair.
The alcohol and tobacco duty-free quotas for South African diplomats remain in place following a majority judgment by the Constitutional Court.
The retailers contended, among others, that the amendments, as well as the decision to make the amendments, could be reviewed and set aside on legal grounds. They argued that the process leading to the introduction of the quota system was arbitrary, irrational and procedurally unfair. Read: Here’s what the Zimbabwean embassy says about the expiry of the ZEP In a minority judgment, Judge Owen Rogers found that the minister did not follow a rational process in amending the schedules to the two acts.
“The position is even worse in the present case – we do not even know what information was before the minister when he took his decision, because nobody has told us,” said Rogers.
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