NSPCA lawyer says lack of transparency led to collapse of Daybreak

THE lack of transparency from Daybreak directly delayed the NSPCA’s ability to intervene sooner following reports of animal cruelty, cannibalism and unethical culling of more than 594 000 chickens.

This is according to lawyers NSPCA, Advocate Samantha Jane Martin arguing before the Gauteng High Court sitting in Johannesburg on Tuesday. 

The proceedings came after Judge Reid recently issued an interim order stopping Daybreak from any inhumane culling methods; provide adequate, species-appropriate feed for all birds; cease all breeding and placement of chicks or birds at any affiliated facilities; and provide a timeline and strategy to address and resolve this ongoing crisis.

The chickens, according to the NSPCA, had faced immediate starvation and prolonged neglect due to insufficient feeding and inhumane culling practices. The NSPCSA said it also uncovered that Daybreak had deployed untrained casual staff to “kill” compromised breeder birds by violently swinging them by the head - a method both inhumane and illegal.

The parties returned to court Tuesday to argue why the interim order should not be made final. Judge J Reid, following the presentation of heads of arguments from both parties, reserved the judgement until Friday, May 16.

Martin accused Daybreak and the second respondent, the Public Investment Corporation (PIC) which owns Daybreak, of failing to disclose the conditions at two remote breeder farms, despite being fully aware that similar animal welfare collapses had already occurred at their broiler farms in April and May 2025.

"We are not a bank or a credit institution. This is animal welfare matter and the cashflow problems at Daybreak is one of many red herrings that have been brought where a state entity has had an ongoing cashflow and management problems that have led to the crisis of cannibalism and inhumane culling of animals.

"It is precisely this lack of transparency from Daybreak that directly delayed the NSPCA’s ability to intervene sooner. We only became aware of the breeder crisis through a whistleblower on 7 May 2025, prompting immediate action. Without this internal tip-off, the suffering of these animals would have remained hidden," said Martin.

Arguing on behalf of Daybreak, Advocate Bonga Makhoba said that parts of the interim order should be withdrawn as the entity has already complied with some of the orders.

"The issue of culling and insufficient funding are issues that must be urgently addressed. There is a way to resolve this which is contained in the order itself. There is a commitment to both the short to medium term and a turnaround strategy and also a commitment to a long term solution to all these challenges. At the moment, the birds are no longer facing starvation and the permanent employees are back to work," Makhoba stated.

In another development, Daybreak's CFO Aubrey Dali retracted his resignation, a decision endorsed by the board. Dali resigned last week with immediate effect after being stripped of his powers.

In a letter to staff on Monday, the board said Dali had decided to continue in his role.

“We value his contributions to our team and are confident that his return will bring stability and continuity to our financial management.”

Cape Times