The National Council of Societies for the Prevention of Cruelty to Animals (NSPCA) is now heading to the Supreme Court of Appeal after its application to appeal the Makhanda High Court’s ruling on Part A of the ongoing case around live export, was dismissed last year. Part A of the court case entailed an interim interdict to prohibit Al Mawashi from exporting sheep to the Middle East. The court rescinded an interim interdict granted to the NSPCA and ordered it to pay the legal expenses.
In a press release, Al Mawashi SA expressed its disappointment at the NSPCA’s latest manoeuvre to ban live animal export. According to Al Mawashi SA, the live animal export industry has the “potential to inject R1 billion a year into the Eastern Cape’s agricultural economy”. Ilyaas Ally, managing director of Al Mawashi SA, said the fact that the NSPCA is now heading to the Supreme Court of Appeal “appears to be a delaying tactic for Part B of the court case”.
According to Keshvi Nair, head of public relations at the NSPCA: “The NSPCA did not agree with the judgement and reasoning handed down by Acting Judge Nceba Dukada in terms of Part A. We believe that no consideration was given to the actual legislation pertaining to the welfare of animals in South Africa – the Animals Protection Act, 1962 (Act 71 of 1962) – when the judgement was made.
“We applied for leave to appeal and were denied by the acting judge. This meant that the NSPCA had no other choice but to approach the Supreme Court of Appeal to review Part A. It is our strong belief that the judgement must be taken on appeal before we can proceed with Part B of our application.”
According to Nair, Part B will be heard in the High Court as soon as the application has been completed and they are given a court date. Part B of the case will deal with the dispute about heat stress in animals travelling on livestock carriers to Middle Eastern destinations. The NSPCA refutes the insinuation that they are delaying Part B and ensures that the case is going ahead regardless of the outcome of Part A. – Ursula Human, AgriOrbit