Rex v Hugo

• Jurisdiction: South Africa
• Judge: Innes CJ, Solomon JA and Kotzé JA
• Judgment Date: 12 February 1926
• Citation: 1926 AD 268
• Hearing Date: 29 January 1926
• Court: Appellate Division

Innes, C.J.:

This is an application for special leave to appeal against a judgment of the Cape Provincial Division confirming a conviction by the magistrate of Fraserburg. The applicant, a local sheep farmer, was found guilty of contravening an order promulgated by the Minister of Agriculture which directed that all sheep in the Fraserburg district should be dipped by a specified date. The order purported to be issued under the provisions of Act 14 of 1911, sec. 16 (f), as amended by Act 18 of 1925, sec. 1. Hugo contended that his sheep were clean, and that, in regard to clean sheep at any rate, the Minister has exceeded his statutory powers. He refused to dip his flocks as directed, and suggested that he should be prosecuted, so as to test the validity of the order. Hence these proceedings. It is alleged that the point at issue is of great public interest and importance, and that, failing relief from the Courts, the petitioner and those he represents will have to consider the question of seeking redress from Parliament. They desire, however, to obtain the decision of this Division before taking steps in that direction. No doubt the case is of considerable interest and importance, but the point on which it turns has been fully argued before us; and if we are satisfied that the conviction was right, no good purpose will be served by sanctioning an appeal which has no prospect of success. Indeed, by refusing leave at once, we are virtually deciding the legal controversy, and enabling the applicant to consider without delay the desirability of seeking redress in another quarter.

Sec. 16 (f) of the Act, as originally promulgated, empowered the Minister to order or cause any sheep or goats within duly defined areas to be dipped "in manner prescribed by regulation." A later clause (sec. 23 (k) ) provided for the issue of statutory regulations by the Governor-General, "prescribing the manner in which the powers conferred by sec. 16 upon the Minister shall be carried out." And among the regulations framed thereunder was the following: - "Every owner of sheep kept beyond the limits of any native area may be required once in every year to dip all his sheep twice, at such times and within such period as the Minister may by notice in the Gazette define as a period for compulsory dipping; provided that in case of sheep kept or depastured beyond the limits of any native area, which

Innes, C.J.

have been kept free from scab for a period of not...