South Africa’s poultry sector has celebrated a major breakthrough after the Supreme Court of Appeal overturned an earlier High Court decision that had threatened the protective framework shielding local producers from unfair import practices. This ruling is widely regarded as a critical step in safeguarding the stability, competitiveness, and long-term sustainability of one of the country’s most important agricultural industries.
The dispute began when anti-dumping duties were imposed on frozen bone-in chicken pieces imported from Germany, the Netherlands, and the United Kingdom. These duties were introduced to counter the growing threat of cheap imports that were being sold in South Africa at prices significantly lower than their domestic markets. Such dumping practices place enormous pressure on local producers, who struggle to compete against heavily discounted imports. To ensure continued protection, the International Trade Administration Commission launched a “sunset review” to determine whether these duties should remain in place.
However, the Association of Meat Importers and Exporters challenged the process, claiming the review was unlawful. In 2023, the High Court ruled in favor of the import lobby, declaring the review invalid. This decision created uncertainty across the poultry value chain, raising fears that protective tariffs could be removed, exposing local farmers and processors to another wave of unfairly priced imports.
The Supreme Court of Appeal has now reversed that ruling, offering renewed confidence to the sector. The court confirmed that the commission acted properly, lawfully, and within its mandate when initiating the review process. Importantly, the judges emphasized that lifting the anti-dumping duties would have posed a serious risk to the national poultry market, as evidence clearly showed that large volumes of underpriced imports had the potential to destabilize local production.
Another key factor in the court’s decision was the excessive delay by the importers. The Association of Meat Importers and Exporters waited close to two and a half years before launching its challenge — far beyond the legally allowed 180-day period for such applications. The court criticized this delay, reinforcing the principle that trade-related disputes must be addressed promptly to avoid unnecessary disruptions in the market.
For South Africa’s poultry industry, this verdict represents more than just a legal victory. It restores policy certainty at a time when the sector continues to battle rising feed costs, disease threats such as avian influenza, and the lingering effects of global supply chain disruptions. Poultry remains the most affordable source of animal protein in the country, and protecting the local industry is essential for food security and job creation, especially in rural areas where many small-scale farmers depend on it for income.
Although the ruling strengthens current protections, the struggle is far from over. Anti-dumping duties on imports from Germany, the Netherlands, and the United Kingdom are still scheduled to expire in 2026, meaning the industry will need to prepare another application to ensure these safeguards remain in place. At the same time, importers continue to challenge other duties involving countries such as the United States and Brazil, signaling that trade disputes will likely continue.
Nonetheless, the Supreme Court’s decision reinforces the importance of maintaining fair competition in the market. By confirming the lawful basis of the sunset review, the ruling helps secure the survival of local producers, protects jobs, and supports the country’s broader economic and food-security goals.
