NSPCA can now photograph, film, document animal conditions on export ships

THE Eastern Cape High Court in Makhanda has granted the National Council of Society for the Prevention of Cruelty to Animals (NSPCA) the green light to board any ship exporting animals and document, through photographs or video the conditions of the animals.

The animal rights group successfully appealed an earlier judgment due to its “limited nature”, in that only four officers out of ten, "together with the South African Competent Authorities" were authorised to board the vessel but prohibited all photographs, video footage, and scanned documentation. 

Eastern Cape High Court Judge, Zamani Nhlangulela ruled: "The evidence shows that the Guidelines and the World Organisation for Animal Health Code (WOAH/OIE), provide for health and welfare standards for animals on voyage and disembarkation, and express the aims of the Animals Protection Act (APA), which facilitate animal exportation. These instruments impose specific requirements in respect of vehicles and the vessel used for transportation of animals, the holding facilities used prior to loading as well as loading and offloading of the animals."

The matter relates to a 2023 judgment, where the East London District Magistrates' Court  granted an order authorising the four officers to enter a vessel berthed at the East London Harbour, and examine 53000 animals (comprising sheep, goats and cattle) kept in the vessel to determine the physical condition of the animals. 

They were also granted the right to seize any animals that may be subjected to ill-treatment and euthanise any animal that is found diseased or in a condition that it would be cruel to keep it alive.

However for the NSPCA this was not enough. 

The trips had taken place for several years and every time the court order was the same. 

The organisation contended that although contraventions of the APA were discovered during the examinations and inspections, the nature of the orders granted inhibited them from carrying out their mandate to protect the animals. 

They needed to document their examinations and conduct a full investigation of cruel treatment for the purposes of initiating prosecutions of the owners of the vessels; hence its desire to document the examinations and scan/photograph documentation required for the purpose of prosecution of offences, court papers read. 

While the court acknowledged the judgment would have no practical effect on the parties, as it was a common cause between the parties that, as they were embroiled in litigation of the issues over the ship MVA I Massilah, the vessel had already departed the harbour in July 2023 with 53,000 livestock on board and sailed to its final destination. 

The NSPCA pleaded that their case still be considered, as the legal issues involved “are of public importance in that the decision of this Court will achieve legal certainty and have practical effect on the parties and other animal exporters”.

Judge Zamani Nhlangulela agreed to hear the matter. 

It was argued on behalf of the livestock transport companies that the magistrate's decision to allow four officers and competent authorities to enter the vessel was a correct exercise of discretion.

On the other hand, lawyers for the NSPCA argued that the competent authorities and officials of the appellant played different roles.

"The competent authorities do not mirror the officials of the appellant in that the competent authorities are not saddled with a statutory responsibility of policing, investigating ill-treatment of animals and prosecuting persons who ill-treat animals.

“It was argued further that on a balance of probabilities, the presence of a full 10 officers of the appellant was justified by reasons that the loading of tens of thousands animals had to be supervised, on the vessel having 11 decks and for a considerable number of days (3 to 4 days), and the fact that the limits to the number of officials imposed on the previous shipments made the appellant's efforts futile," court papers read.  

NSPCA chief operating officer Grace de Lange said the high court 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.”

Cape Times