1. The BMA Act provides a refreshing and structured mechanism for the lodgement and adjudication of appeals for meat traders who were for many years victims of an inefficient and unproductive process legislated in Section 18 of the Meat Safety Act 40 of 2000 and Section 23 of the Animal Diseases Act 35 of 1984. These lethargic mechanisms facilitated government inefficiencies and fostered a chaotic administration of internal appeals, which are a prerequisite to any challenge to the transit and the rejection and of meat and meat products by the Port officials.

2. Following the transfer of functions in terms of a Presidential Proclamation from the then Department of Agriculture to the Department of Home Affairs on 30 August 2022, has enabled the use of a more efficient and truncated appeal/ review mechanism legislated in the BMA Act. This process has been streamlined by regulations recently promulgated in terms of the BMA Act on 2 June 2025, in terms of Government Notice 52786 (“the regulations’’).

3. Section 29 of the BMA Act:

Review or appeal of decisions.

(1) Any decision made by an officer in terms of this Act that materially and[sic]

2) Any person aggrieved by a decision referred to in subsection (1) may, within the prescribed period, make an application in the prescribed manner to the Commissioner for the review or appeal of that decision.

(3) The Commissioner must consider the application referred to in subsection (2), whereafter the Commissioner must confirm, set aside or modify that decision and communicate his or her decision in writing to the aggrieved person within the prescribed period.

(4) Any person aggrieved by the decision of the Commissioner referred to in subsection (3) may, within the prescribed period, make an application in the prescribed manner to the Minister for the review or appeal of that decision.

(5) The Minister must consider the application referred to in subsection (4), whereafter the Minister must confirm, set aside or modify the Commissioner’s decision and communicate his or her decision in writing to the aggrieved person within the prescribed period.”

4. In terms of Section 18 of the Regulations.

Review or appeal of decisions

18. (1) Any decision contemplated in section 29(1) of the Act must be communicated to that person in a form that is substantially similar to Form 5 in Schedule A.

(2) A person aggrieved by a decision referred to in sub-regulation (1) may, —

(a) within 10 working days from receipt of such decision; and

(b) on a form that is substantially similar to Form 6 in Schedule A, make an application to the Commissioner for the review or appeal of that decision.

(3) The Commissioner must—

(a) within 10 working days of receipt of an application contemplated in subregulation (2); and

(b) on a form that is substantially similar to Form 7 in Schedule A, communicate his or her decision to the aggrieved person.

(4) A person aggrieved by a decision of the Commissioner as contemplated in subregulation (3) may—

(a) within 10 working days of receipt of that decision; and

(b) on a form that is substantially similar to Form 8 in Schedule A, make an application for the review or appeal of that decision to the Minister as contemplated in section 29(4) of the Act.

(5) The Minister must, within 14 working days from receipt of an application contemplated in sub regulation (4) and on Form 9 illustrated in Schedule A, communicate his or her decision to the aggrieved person.

(6) The Commissioner must compile and maintain a register of decisions where the Forms contemplated in this regulation are recorded.”

5. This process can therefore be undertaken as follows:

5.1. Once a decision from an Inspector/ BMA official is communicated, in accordance with Form 5 in Schedule A, an aggrieved party must within 10 working days after receipt of the decision lodge an appeal to the Commissioner of the BMA. This appeal must be lodged in accordance with Form 6 in Schedule A.

5.2. The Commissioner has 10 days to decide and communicate that to the aggrieved person in accordance with Form 7 in Schedule A. (“the Commissioner’s decision”)

5.3. If the aggrieved party has 10 days after the receipt of the Commissioner’s decision to further challenge the decision to the Minister in accordance with Form 8 of Schedule A to take the matter on appeal or review. The Minister has 14 days from receipt of the application to decide and must communicate his decision in accordance with Form 9 in Schedule A.

6. The Act and the Regulations do not make a distinction between appeals and reviews.

7. An appeal is a formal request to a higher decision-making authority to reconsider the decision of a lower authority. The main goal is the challenge the correctness of the decision itself. The Appeals focuses on whether the lower authority made an error in its interpretation or application of the law or in its factual findings. The higher authority re-examines the lower authority’s decision and considers arguments and submissions. The appeal authority can uphold, reverse, or modify the lower authority’s decision.

8. A review is concerned with the legality, procedure, or fairness of the decision-making process. It is not about the correctness but ensuring that the process was lawful and fair. A review is to focus on the procedural irregularities, errors of law, unreasonable or irrationality in the decision-making process. Procedural unfairness or irrationality is found in the higher decision-making authority may set aside or squash the decision.

9. In summary appeals target the correctness of the decision whilst reviews address the fairness and legality of the decision-making process.

10. The introduction of Section

19 of the Regulations that relates to complaints and grievances affecting the work of the Authority, is a useful addition to the regulations which may curb the inefficient and deleterious conduct of the officials at the port and need not be allied to a decision taken by such an official but merely his or her conduct in general.

11. Section 19 of the Regulations provide:

“Complaints and grievances affecting work of Authority.

(1) The Commissioner must keep a register of complaints and grievances received affecting the work of the Authority for a period of five years.

(2) A complaint or grievance affecting the work of the Authority must be submitted to the Commissioner in a form that is substantially similar to Form 10 in Schedule A.

(3) The Commissioner must, after receipt of a complaint or grievance, acknowledge receipt and investigate the complaint or grievance within 30 days or such reasonable period, which period shall not exceed 60 days from the date of receipt of the complaint or grievance.

(4) On conclusion of the investigation, the Commissioner must, in writing, inform the complainant of the outcome of the investigation and any steps taken to remedy the grievance or complaint.

(5) The Commissioner may, where appropriate, refer the complaint or grievance to the relevant law enforcement agency.”

12. Section 19 of the regulations is wide enough to cover all complaints and grievances. These complaints must be investigated and within a period of not more than 60 days the Commissioner must in writing inform the complainant of the outcome of the investigation and steps taken to remedy the grievance or complaint. This Complaints must be kept in a register for a period of 5 years.

13. These provisions of the BMA act and the Regulations provide meat traders with effective relief for many concerns that have plagued this industry at the ports around the country.