NSPCA ordered to pay high court application costs
The National Council of SPCAs has been ordered to pay the costs of a high court application it brought in July to seize Kuwaiti livestock animal exporter Al Mawashi’s ship as security for legal costs that the company owed the animal welfare organisation.
The NSPCA brought the application without notice to Al Mawashi or its parent company Livestock, Transport and Trading Company (LTTC).
It successfully sought to attach the Al Messilah ship in East London harbour as security against about R850,000 in legal costs it said Al Mawashi and LTTC owed it in the NSPCA s drawn-out battle to ban the live export of animals by sea.
The NSPCA said at the time it was concerned that LTTC in particular was a foreign litigant and the organisation had to ensure that its costs were secured.
Very shortly afterwards, the court order attaching the ship was discharged by agreement after Al Mawashi provided alternative security in the form of sheep that were waiting in King William’s Town to be exported to the Middle East.
But judge Nceba Dukada has found that the application was bad in law.
He said the NSPCA appeared to rely on admiralty law. He found there was no proper maritime claim before the court as required by the Admiralty Jurisdiction Regulations Act and it should not therefore have relied on admiralty law.
Even if brought under the common law, there was no right to seek security from a foreign litigant if that litigant had submitted to the jurisdiction of the court as LTTC had.
He said the court did not have the required jurisdiction to make such an order.
Dukada ordered the NSPCA to pay the costs of the application, including the cost of two counsel.
Al Mawashi SA MD Ilyaas Ally accused the NSPCA of maliciously holding LTTC and Al
Mawashi to ransom by unlawfully detaining the Al Messilah ship.
It is our opinion from the NSPCA s conduct that it appears as if they no longer act in terms of their sole mandate, which is the protection and welfare of animals, but rather with the intention to settle a score with LTTC and or Al Mawashi.”
He accused the NSPCA of financially extorting the two companies.
NSPCA director Marcelle Meredith rejected Ally’s allegations of any ulterior motive.
“Our sole mandate will always remain the prevention of cruelty to animals regardless of whom may be involved in the commission or omission of such acts tantamount to animal cruelty.
The NSPCA further repudiates “allegations of financial extortion which is preposterous and unfounded.”