Justice Gabanagae was making a ruling in a matter in which the company that was granted written exemption to produce hemp for industrial and medical purposes in October 18, 2018 by the then Minister of Agricultural Development and Food Security, Patrick Ralotsia had approached Court to review a decision of March 29, 2019 by the ministry’s Permanent Secretary to withdraw the initial exemption granted by Ralotsia. However, the AG acting on behalf of government, had, in its defence to the company’s review application raised preliminary points of law for the Court to dismiss the matter. The State had pleaded with the Court to thrown out the matter without hearing citing non-compliance with Court Rules by the Applicant. The State said the application should not be condoned by the Court as it was brought later than four months after the handing down of the decision or conclusion of the proceedings complained of. The AG also said Fresh Standard ought to have made an application to file its review application out of time.
“The Applicant has not made an application for leave to file its review application out of time. The Applicant has instead proceeded to file the actual review application, although not having obtained leave to do so,” argued the AG. However, Justice Gabanagae recently said that the AG’s preliminary points of law for the company to make an for leave to file its review application out of time is without merit, essentially ruling that the Court ought to hear the review application as it touches on a subject of national importance.
