Eastern Cape Division of the High Court in Makhanda recently, 18 November, made a judgment stating that the National Council of SPCAs (NSPCA) would obtain greater authority to prevent cruelty to animals during the export of live animals by sea.
According to a statement issued by the NSPCA, 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, authorised 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, issuing a powerful affirmation of the NSPCA’s constitutional and statutory mandate,” the statement explained.
The statement noted that during the 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,” the statement added.
The statement further added: “A central feature of the ruling is its firm rejection of the Magistrate’s 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 inconsistent with constitutional principles and modern statutory interpretation. Instead, the Court emphasised 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 authorised for inspections of this scale.
“The Court awarded the NSPCA its costs on Scale B, including two counsel, recognising both the importance of the issues at stake and the NSPCA’s clear success. 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.
Commenting on the matter, Chief Operating Officer of the NSPCA, Grace de Lange said: “This judgment offers vital certainty for the monitoring of export vessels departing South African ports.” “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,” she added.
