Categories: Courts

Organisations gear up for third live sheep export court battle

A battle between the South African National Council of Societies for the Prevention of Cruelty to Animals, and an organisation fighting for the right to export live animals via cargo ships is due back in court on Thursday.

State-of-the art technology, economic development for struggling farmers, and satisfying the needs of consumers who eat halaal meat are some of the arguments posed by international meat production and trade company, Al Mawashi, in support of live animal exports. 

But animal welfare organisations remain unmoved on their stance that live sheep exports not only contravene anti-cruelty provisions of South Africa’s Animals Protection Act, but potentially put the lives of thousands of sheep at risk. 

The battle between the NSPCA and Al Mawashi is set to be heard in court for the third time on 6 August. 

The NSPCA’s last court appearance saw the temporary prohibition of live sheep exports by sea, postponing the treacherous journey around 56 000 sheep were set to endure aboard the multi-decked Al Messilah vessel.

Al Mawashi South Africa managing director Ilyaas Ally told The Citizen last month that this cost the company R14 million in unforeseen expenses. 

Humane Society International (HSI) Africa executive director Tony Gerrans detailed his concerns to The Citizen regarding Al Mawashi’s business model in South Africa. 

ALSO READ: Live sheep exports by sea will continue – with or without SA, says major meat producer

Gerrans said Al Mawashi’s claims of live sheep exports with Eastern Cape farmers being a development initiative are a distraction from valid concerns regarding animal welfare onboard. The High Court proceedings on 6 August will determine whether these welfare concerns amount to contraventions of South African law.

Ally said last month that live sheep exports are in line with religious and cultural requirements, and that chilled and frozen meat is already exported to Middle Eastern regions. But frozen and chilled meat is “not sufficient to supply all the needs” and create food security for the region, he explained. He also raised concerns with expiration dates. 

Religious and cultural practices involved in slaughtering halaal meat as per Ally’s argument are, however, contested by the Muslim Judicial Council Halaal Trust (MJCHT). 

In a statement released in March, MJCHT director Shaykh Achmat Sedick explained that before animals are slaughtered, the conditions should be “tayyib”, which means the transportation of animals must be done “with utmost care in order not to harm the animal in any way physically or to cause the animal any unnecessary stress.” 

Sedick said animals are not tayyib in Al Mawashi’s exports, which “violates the requirements and standards” required for halaal certification to be granted. 

“As Muslims, we need to support this effort, it is important for us to care for animals. The animals are a creation of Allah (Glory Be to Him), we need to be compassionate towards animals at all times.” 

Even the Livestock Welfare Coordinating Committee (LWCC) changed its stance on live sheep exports, which has been “a long-standing concern”, said LWCC chairman Gareth Bath. 

Bath said halaal meat slaughter can be done in South Africa instead, and said “mere custom and preference should surely not be allowed to take precedence over humanity and compassion…” 

Bath said South Africa striving to have its red meat perceived as “favourable [and] welfare-friendly” could be jeopardised if the livestock industry is associated with “avoidable and unnecessary suffering and cruelty.”

Ally denied allegations of overcrowding thanks to “advanced models” which he said “determine the space allocation for animals to achieve a stocking density which reduces heat stress…”, and said animals are under continuous observation while on board.

However, Gerrans said Al Mawashi’s ship and crew configuration, with up to 10 000 animals occupying each deck, means all animals aboard, especially those at the back of pens, cannot be routinely inspected. 

If around 60 000 sheep are on one ship, Gerrans said there was no way that adequate welfare inspections could address the needs of each animal. 

To investigate this further, HSI-Africa has written to Al Mawashi asking for guarantees regarding sheep welfare and proposing an independent veterinarian travel onboard. Al Mawashi has not responded to this proposal for independent oversight.

A whistleblower onboard vessels sailing from Australia claimed animals are often left to their own devices, and are not looked after.   

Gerrans questioned whether Al Mawashi’s business model was truly a sustainable development program for Eastern Cape emerging farmers. ‘Al Mawashi is a global company, able to trade across the globe, which allows them to source animals on the best available terms. Small-scale farmers, who supply the minority of sheep supplied so far, may be better served by investment in securing local market share, and keeping the jobs required to process the animals in South Africa”, he explained. 

Ally said last month that Al Mawashi South Africa injected R400 million into the Eastern Cape economy in one year. 

South Africa lacks the regulatory restrictions of other developed markets, and this might be a factor that makes the Eastern Cape an attractive market for live animal exports, Gerrans said. What complicates matters is that there is no international law protecting animals at sea, only World Organisation of Animal Health (OIE) recommendations, which constitute a non-binding, un-enforceable code of conduct, he explained. 

Ally boasted that mortalities below the industry’s own 2% mortality rate are always achieved by Al Mawashi vessels. 

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By Nica Richards