NSPCA poster used in their campaing to fight against the live export of sheep and other livestock
The National Council of SPCA’s has launched an application for leave to appeal the Grahamstown High Court’s findings of a balance of convenience which allowed for the export by ship of some 51 000 sheep to the Middle East.
Last week, the animal welfare organisation received long-awaited correspondence from Acting Judge, Nceba Dukada who turned down their application to prevent the export of livestock out of the Eastern Cape in August, by livestock export company, Al Mawashi.
NSPCA Farm Animal Protection Unit Manager, Grace De Lange, said the 20 pages of written reasons by Judge Dukada stated that no queries had been raised at the time the regulatory authority inspected the sheep.
This, despite their concerns of violations of the Animal Protection Act No. 71 of 1962 by Al Mawashi, which included concerns of heat stress during the exportation process.
De Lange said instead the balance of convenience was brought forth, which considered the financial loss that could be suffered by the respondents versus the welfare of the exported sheep.
“We are disappointed that the company’s financial loss superseded the suffering of the 51 000 sheep transported over the equator at the hottest time of year,” De Lange said.
She said the impractical compromise was the reason they have brought the new application, which if not granted by Judge Dukada will leave them with no other option but to petition straight to the Supreme Court of Appeal.
Meanwhile, Al Mawashi South Africa, the largest buyer of exporter of domesticated ruminants from South Africa for exportation to the Middle East and a subsidiary of Kuwait-listed company KLTT, has welcomed reasons for the court’s ruling on in Part A of two-prong litigation strategy to ban live exportation from South Africa to the Middle East.
In Part A, the NSPCA sought to interdict Al Mawashi South Africa from exporting sheep to the Middle East until the High Court hears Part B, where the NSPCA will put forward a case to indefinitely ban the exportation of sheep from South Africa.
The MD Ilyaas Ally said following Al Mawashi’s court victory the NSPCA launched a motion with the High Court to appeal its decision even before reasons for the ruling was released.
The Judge further stated in his ruling that the main problem with the case presented by NSPCA is that it ignored the OIE standards which regulate the transportation of animals by sea, including across the equator. South Africa is a member of the OIE and is bound by the standards prescribed by the OIE.
“No country has banned the transportation of animals by sheep across the Equator. South Africa, as a member of the OIE, is bound to adhere to the OIE standards,” the reasons for the ruling said.
Ally says based on the court papers, the NSPCA undertook to publish advertisements for public input for Part B.
“Within 10 days of receiving the order in Part A, the applicant shall publish a notice in the Sunday newspaper, the Farmer’s Weekly magazine, on its own website, and on the News 24 website, providing details of Part B to all interested and affected parties including the contact details of the applicant's attorneys of record.”
