High court gives sheep shippers short shrift

Kuwaiti livestock exporter Al Mawashi is in for a hefty R16m sheep feed bill and other costs after the Grahamstown high court this week refused to overturn or amend an earlier interim interdict preventing the company from exporting 72,000 sheep to the Middle East by sea.

The National Council of SPCAs (NSPCA) successfully sought the interim interdict in June after it learnt at the last minute that Al Mawashi intended to export the shipment on June 9. The NSPCA is applying to the high court on July 16 to institute a permanent ban on live export of animals by ship, a practice it says is cruel and inhumane.

The organisation has volumes of expert, veterinary and video evidence of the hardships animals suffer in a ship heading across the equator, including extreme heat stress, injury, hunger, fecal and ammonia build up in the ship.

The interim interdict will remain in place until the outcome of the July 16 matter.

Al Mawashi applied to the court to vary the interim prohibition on live export and allow it to take 56,000 sheep on the Al Messilah ship instead of the full quota of 72,000 sheep waiting at the Castledale feedlot in Berlin. The sheep are literally eating away at the company’s bottom line, costing it about R430,000 in feed a day.

The company indicated in court papers that if the R139m deal collapsed in its entirety it could drive Al Mawashi into liquidation and its parent company, Livestock Transport and Trading Company (LTTC) out of the country.

It also said the collapse of the deal would have an adverse financial effect on emerging farmers who supplied them with sheep.

But judge Gerald Bloem said varying the order did not meet all the NSPCA’s concerns on the welfare of the sheep.

He also dismissed that emerging farmers would be affected as all the farmers who had supplied the 72,000 sheep had already been paid by Al Mawashi.

Bloem also found that, although the cost of maintaining the sheep at the feedlot might be steep, no evidence had been placed before court to indicate that Al Mawashi could not afford to foot the bill.

He said Al Mawashi and LTTC had created the situation in which they found themselves.

Had they responded honestly to the NSPCA’s many requests since April about whether they intended to export sheep, there would have been no need for an urgent interdict in the first place. He dismissed the application to vary the order and ordered Al Mawashi and LTTC to pay the legal costs of the application.

The NSPCA has hailed the judgment as giant leap for SA.

“We are thrilled that the high court has stood by their decision,” said NSPCA executive director Marcelle Meredith.

Al Mawashi SA MD Ilyaas Ally said the company respected the rule of law and the SA judiciary.

“We are obviously disappointed with yesterday’s ruling,” he said on Wednesday.

The company would face enormous financial strain over the next few weeks but it would continue to remain positive and committed to commercial and emerging livestock farmers in the Eastern Cape, he added.

“We have injected about R400m into the Eastern Cape economy over one year ... Based on our interactions, we believe there is a strong commitment from both public and private spheres to protect the Eastern Cape’s live export industry.”

Agri Eastern Cape president Doug Stern said the interdict would result in the “inevitable dumping” of 70,000 sheep on the local market, which would result in a sharp drop in producer prices.

“Based on past such events, the benefit of lower producer prices never really benefits the consumer, but often places producers in a dire financial position.”

He said the price instability combined with the prevailing drought would be devastating for producers.

“Agri EC is now assessing how best we can assist our members, who are going to be severely affected by this current situation.”