For immediate release
20 October 2020
- High Court shoots down NSPCA’s Motion to Appeal and interdict further Al Mawashi shipments
- OIE reigns supreme: South Africa bound to follow OIE guidelines
- On claims of Animal Cruelty: “There is no evidence before me.” – Judge Dukada
Al Mawashi South Africa, the largest buyer of domesticated ruminants from South Africa for exportation to the Middle East and a subsidiary of Kuwait-listed company KLTT, has welcomed reasons for the court’s ruling on in Part A of a two prong litigation strategy, to ban live animal exportation from South Africa to the Middle East.
In Part A, the NSPCA sought to interdict Al Mawashi South Africa from exporting sheep to the Middle East until the High Court hears Part B, where the NSPCA will put forward a case to indefinitely ban the exportation of live sheep from South Africa.
Mr Ilyaas Ally, managing director of Al Mawashi South Africa, said following Al Mawashi’s court victory that the NSPCA launched a motion with the High Court to appeal its decision even before reasons for the ruling was released.
However, the High Court appears to have made its position clear:
“It is not necessary to deal with the concern of the Supreme Court of Appeal, because I have already granted permission to transport live sheep by ship from East London Harbour to North of the Equator,” noted Judge Dukuda AJ.
Mr Ally said; “The judgement and reasons mean that Al Mawashi may proceed with shipments going forward uninterruptedly.”
In this regard, the High Court stated; “Permission to the first and second respondents [Al Mawashi SA and KLTT] to transport the live sheep by ship from East London harbour to North of the Equator.”
On allegations of Northern Hemisphere summer shipments and the OIE
In relation to the NSPCA’s claim that sheep would be subjected to cruelty because of heat stress, the High Court in its ruling noted:
“The main problem with the case presented by NSPCA is that it ignored the OIE standards. The OIE standards regulate the transportation of animals by sea, including across the Equator. South Africa is a member of the OIE and is bound by the standards prescribed by the OIE.
“No country has banned the transportation of animals by ship across the Equator. South Africa, as a member of the OIE, is bound to adhere to the OIE standards,” the reasons for the ruling said.
On allegations of animal cruelty
Al Mawashi South Africa recently fingered the NSPCA for lying to the public, media, and its donors, claiming animal cruelty and abuse during the August/September shipment.
While the NSPCA went on a media rampage to make these allegations known, Al Mawashi published evidence of the Department of Rural Development and Agrarian Reform (DRDAR) making it clear that as monitoring agency, it did not detect any form of cruelty following video interviews for a 15-minute documentary.
In relation to the NSPCA’s allegations of animal cruelty, the High Court noted:
“There is no evidence before me indicating that what allegedly took place during 2019 is likely to occur in 2020. This is so, especially, when the regulatory authorities insist the First and Second respondents adhere to OIE standards, to which the NSPCA seem not to attach any weight.” (Emphasis added)
Mr Ally said that on many instances they have stated that the NSPCA is adventurous with their claims and not honest truth brokers.
High Court detects prejudice to Eastern Cape farmers and economy
In a media statement released by the NSPCA following the Court’s reasons, the NSPCA frames the court and judge as looking only at the financial loses of Al Mawashi South Africa and KLTT.
However, the NSPCA censors that the Court noted; “There is also reference to prejudice to the Eastern Cape farmers and the economy of the Eastern Cape province.”
Once again, the NSPCA proves to show that their crystallised views on the live exports, are divorced from understanding the socio-economic importance of live exports for rural communities, the importance of live exports for the South African economy, and the importance of exportation of live sheep for South Africa’s trade relations with the Middle East.
NSPCA to honor its commitment to court
“Based on the court papers, the NSPCA undertook to publish advertisements for public input for Part B. It must now honor this arrangement it has put before the High Court.”
The NSPCA’s notice of motion filed on 3 June 2020 to the High Court stated:
“Within 10 days of receiving the order in Part A, the applicant shall publish a notice in the Sunday newspaper, the Farmer’s Weekly magazine, on its own website, and on the News 24 website, providing details of Part B to all interested and affected parties including the contact details of the applicants attorneys of record.”
Mr Ally said: “They must honor what they have stated in this motion, and also draw the Court’s attention to this.”
Issued on behalf of Meropa Communications for Al Mawashi South Africa (Pty) Ltd.
Further information:
Ilyaas Ally
Al Mawashi SA: Managing Director
Email: i.ally@kltt.com.kw Tel: 043 748 3767
JP Roodt
Email: jpr@meropa.co.za Cell: 084 800 3136
JP Roodt | Divisional Head
Switchboard: +27 41 582 1377
Direct: +27 41 582 1377
Cell: +27 84 800 3136
e-mail: jpr@meropa.co.za
Website: www.meropa.co.za
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Published on Thursday, 22nd October 2020 - 11:34
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