The publication of Legal Notice No. 2 of 2026 in the Lesotho Government Gazette introduces the Agricultural Marketing Products Control and Subsidised Input Protection Regulations, 2026. These Regulations significantly tighten the regulation of agricultural trade, movement of goods and protection of government subsidised inputs in Lesotho.
At Mayet and Associates, we advise agribusinesses, exporters, transporters and commercial traders on regulatory compliance, licensing and cross border trade. Below is a practical overview of what the new framework means for your business.
Legal Authority and Commencement
The Regulations were issued under section 4 of the Agricultural Marketing Act 2 of 1967 as amended. They came into operation on the date of publication in the Gazette.
As subordinate legislation, the Regulations give practical effect to the Minister’s powers to regulate agricultural marketing, control product movement and safeguard food security within Lesotho.
New Definition of Smuggling and Permit Requirements
A key development is the expanded definition of smuggling. Smuggling now includes the unauthorised transportation or movement of agricultural products across borders or districts without a valid permit issued by the Ministry.
This means that both cross border and internal movement of agricultural products may require regulatory authorisation. Businesses that transport, trade or export agricultural products must ensure they hold a valid permit before movement.
Importantly, a person found in possession of agricultural products intended for trade or export without a permit may be deemed to be smuggling. Smuggled goods are subject to confiscation and forfeiture to the State.
For transporters and exporters operating between Lesotho and South Africa, this significantly increases compliance risk.
Centralised Permit System
The Ministry is required to establish a centralised permit system for the movement and marketing of agricultural products.
Each permit must specify the type, quality, origin and destination of the agricultural product. Any falsification or misuse of a permit constitutes an offence.
From a compliance perspective, businesses should implement internal controls to ensure that permits are properly obtained, recorded and matched to consignments. Incorrect documentation could result in seizure, delays and criminal liability.
Protection of Subsidised Agricultural Inputs
One of the most important features of the 2026 Regulations is the protection of government subsidised agricultural inputs such as seeds, fertilisers and pesticides.
The Regulations prohibit purchasing subsidised inputs with the intention of reselling them at market price. Selling subsidised inputs at market price constitutes profiteering and is punishable under the Regulations.
Subsidised inputs must be marked and tracked through a regulated input registry. This is aimed at preventing diversion of subsidies away from smallholder farmers and ensuring that government support achieves its food security objectives.
Retailers and distributors must therefore ensure that their supply chains do not include improperly acquired subsidised inputs.
Offences and Penalties
The Regulations introduce criminal penalties for non compliance.
A first offence may attract a fine not exceeding M10 000 or imprisonment not exceeding six months. A subsequent offence may result in a fine not exceeding M20 000 or imprisonment not exceeding twelve months.
In addition to criminal sanctions, confiscated goods are forfeited and disposed of in accordance with Ministry guidelines. This can result in significant commercial losses, particularly where large consignments are involved.
Enforcement and Border Control Powers
Agricultural imports and border control offices are empowered to inspect, seize and report violations. The Ministry must collaborate with law enforcement agencies to ensure compliance.
This creates a coordinated enforcement framework linking agricultural regulation with customs and border security. Businesses engaged in agricultural imports or exports should anticipate increased inspections and stricter documentation checks.
Compliance Risks for Agribusinesses
The 2026 Regulations affect a wide range of stakeholders including commercial farmers, input suppliers, transport companies, exporters, wholesalers and retailers.
Key compliance considerations include obtaining permits prior to movement or export, maintaining accurate records of product origin and destination, avoiding resale of subsidised inputs at market rates, training staff on inspection protocols and ensuring alignment between customs documentation and Ministry permits.
Failure to comply may result in fines, imprisonment, confiscation of goods and reputational damage.
Constitutional and Administrative Considerations
While the Regulations are aimed at strengthening food security and protecting public resources, enforcement must still comply with constitutional and administrative law principles. Seizures, permit refusals and criminal prosecutions must meet standards of fairness, proportionality and due process.
Businesses facing confiscation or enforcement action may have legal remedies available through review or appeal processes.
How Mayet and Associates Can Assist
Mayet and Associates is a cross border commercial law firm advising clients in Lesotho and South Africa. We assist with regulatory compliance, permit applications, customs and border law, agricultural trade advisory, defence of enforcement actions and review proceedings against administrative decisions.
If your business transports, trades or exports agricultural products, or distributes agricultural inputs in Lesotho, it is essential to review your compliance systems under the Agricultural Marketing Regulations 2026.
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