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Court lifts ban on unpacked Milk

By Andante Okanya

Added 21st April 2016 08:20 PM

The ruling implies that statutory instrument Number 17 of 2015, regulation 3 (b) of the Dairy (Marketing and Processing of Milk and Milk Products) regulations, is rendered null and void.

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Uganda National Dairy Traders Association (UNDATA) officials celebrate with their lawyer, Issac Ssemakadde after the High Court Judge, Justice Yasin Nyanzi ruled in their favour. Photos/ Ramadhan Abbey.

The ruling implies that statutory instrument Number 17 of 2015, regulation 3 (b) of the Dairy (Marketing and Processing of Milk and Milk Products) regulations, is rendered null and void.


Milk traders vending unpacked and unlabelled milk; have received a shot in the arm, when court rescinded a ban on their activities imposed by the Agriculture minister in April last year.

On Thursday, Justice Yasin Nyanzi of the civil division of the High Court in Kampala ruled in favour of Uganda National Dairy Traders Association (UNDATA).

The ruling implies that statutory instrument Number 17 of 2015, regulation 3 (b) of the Dairy (Marketing and Processing of Milk and Milk Products) regulations, is rendered null and void.

Last year on July 31, UNDATA filed an application for judicial review, querying the ban and its precedent decision.

 eft to right  awyers heila amahe saac semakadde and avid jambo and ganda ational airy raders ssociation  officials during the ourt proceeding (Left to right) Lawyers: Sheila Namahe, Isaac Ssemakadde and David Ojambo and Uganda National Dairy Traders Association (UNDATA) officials during the Court proceeding

 



The ban was gazetted last year on April 28, and subsequently in the same year on May 27, the statutory instrument was to be enforced.

Nyanzi wondered why DDA issued certificates after the traders paid license fees in March last year but went ahead to render them invalid only after 45 days when the law was to take effect.

“The question is, why didn’t she tell the stakeholders that the certificates were partial in nature because of an incoming law. The conduct of the respondent and the line minister was an irrational act,” Nyanzi ruled.

UNDATA lawyers, Isaac Ssemakadde and Sheila Namahe from Centre for Legal Aid, were present in court.

DDA was represented by lawyer David Ojiambo.

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