South Africa’s National Council of SPCAs (NSPCA) has welcomed a judgment delivered by the Eastern Cape Division of the High Court in Makhanda which strengthens its authority to prevent cruelty to animals during the export of live animals by sea.
The ruling overturns severe restrictions previously imposed by the East London Magistrates’ Court during the planned loading of more than 53,000 animals onto the live export vessel Al Messilah in July 2023.
The Magistrate had, amongst other things, authorized only four NSPCA officers to board the vessel, and prohibited all photographs, video footage, and scanned documentation. The High Court has now set aside that order in full.
In its Judgment, the Court highlighted that the NSPCA is “entitled to police actions of cruelty to animals by investigations and, where necessary, prosecute those persons who ill-treat animals.” This mandate, the Court found, cannot be fulfilled if inspectors are prevented from gathering visual and documentary evidence – especially in large-scale, high-risk operations such as live export.
A central feature of the ruling is its firm rejection of the Magistrate’s narrow, literal interpretation of the Animals Protection Act. The lower court had reasoned that, because Section 8 did not explicitly mention “photographing” or “filming,” the NSPCA did not have the authority to record conditions on board. The High Court held that such an approach is fundamentally inconsistent with constitutional principles and modern statutory interpretation. Instead, the Court emphasized that the NSPCA’s authority to document inspections is inherent in its power to enter, examine, investigate, and prosecute.
The Judgment also confirmed that all NSPCA inspectors requested must be authorized for inspections of this scale. The Court rejected the argument that regulatory “competent authorities” (that is, the South African government) could replace or duplicate the NSPCA’s function, noting that these authorities do not carry the statutory duty to police or prosecute cruelty. The NSPCA’s extensive presence was justified, necessary, and fully within its mandate.
Although the vessel had departed before the appeal was heard, the Court held that the issues raised were of substantial public interest and required judicial clarification for future operations.
“This judgment offers vital certainty for the monitoring of export vessels departing South African ports,” says Grace de Lange, Chief Operating Officer of the NSPCA. “It affirms that the NSPCA’s powers must be interpreted in a manner that gives real effect to the purpose of the Animals Protection Act and the constitutional value placed on animal welfare.”
In July 2023, NSPCA stated that its inspectors attending the feedlot prior to vessel loading found a lack of preparedness and adherence by the exporters to the Government Guidelines, including:
• Sheep being fed roughage at the feedlot as the pelleted food has run out. The animals had not been given the minimum of seven days to adjust to eating pelleted food to prevent malnourishment or even starvation while on board the ship, where this will be the only feed provided.
• Many sheep with wool up to 100mm long were observed, despite the Government guidelines’ requirements for wool not to exceed 25mm, because of the severe heat the animals face in summer along the journey, especially in the Strait of Hormuz.
• Numerous sheep with dangerous protruding horns which pose a risk for them being trapped between lairage bars and also risk causing injury to other animals. These horns had not been trimmed as per Government Guidelines.
• Many obviously pregnant ewes in the feedlot and an increasing number of new-born lambs as well as many animals who have aborted their young. The Government Guidelines were not adhered to and the animals had not been scanned to determine pregnancy.
In addition, the teams of inspectors on site at the feedlot reported compromised animals including lame sheep, sheep with foot rot and pink eye throughout the pens as well as emaciated and dying sheep.