Custom House Agent licence suspension needs immediate necessity and a Regulation 23 inquiry; absent both, the order fails.

Suspension of a Custom House Agent licence under Regulation 21(2) was treated as an exceptional power available only where immediate action is necessary and an inquiry under Regulation 23 is contemplated. The material relied on showed only alleged misuse of the licence by employees in connection with a mobile phone seizure, without direct involvement of the licence holder in smuggling activity. No notice under Regulation 23 had been issued, so the contemplated inquiry had not commenced. On that basis, the suspension order was held unsustainable and was set aside.

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Issues: Whether the suspension of the Custom House Agent licence under Regulation 21(2) of the Custom House Agents Licensing Regulations, 1984 was valid when no immediate action was shown to be necessary and no inquiry under Regulation 23 had commenced.

Analysis: Regulation 21(2) is an exceptional power intended for situations requiring immediacy and it presupposes the existence of an inquiry in terms of Regulation 23. On the facts, the material relied upon only indicated alleged misuse of the licence by employees in connection with a seizure of mobile phones, without showing direct involvement of the appellant in the smuggling activity. The record also did not show that a notice under Regulation 23 had been issued, so the inquiry contemplated by the Regulations had not begun.

Conclusion: The suspension order under Regulation 21(2) was unsustainable and was set aside.

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