High Court Slams Restrictions on NSPCA and Restores Full Investigative Powers on Live Export Vessels

The National Council of SPCAs (NSPCA) welcomes a landmark judgment delivered today by the Eastern Cape Division of the High Court in Makhanda, which decisively strengthens our authority to prevent cruelty to animals during the export of live animals by sea. The ruling overturns severe restrictions previously imposed by the East London Magistrates’ Court during the planned loading of more than 53,000 animals onto the live export vessel Al Messilah in July 2023.

The Magistrate had, amongst other things, authorised only four NSPCA officers to board the vessel, and prohibited all photographs, video footage, and scanned documentation. The High Court has now set aside that order in full, issuing a powerful affirmation of the NSPCA’s constitutional and statutory mandate.

In its Judgment, the Court highlighted that the NSPCA is “entitled to police actions of cruelty to animals by investigations and, where necessary, prosecute those persons who ill-treat animals.” This mandate, the Court found, cannot be fulfilled if inspectors are prevented from gathering visual and documentary evidence – especially in large-scale, high-risk operations such as live export.

A central feature of the ruling is its firm rejection of the Magistrate’s narrow, literal interpretation of the Animals Protection Act. The lower court had reasoned that, because Section 8 did not explicitly mention “photographing” or “filming,” the NSPCA did not have the authority to record conditions on board. The High Court held that such an approach is fundamentally inconsistent with constitutional principles and modern statutory interpretation. Instead, the Court emphasised that the NSPCA’s authority to document inspections is inherent in its power to enter, examine, investigate, and prosecute.

The Judgment also confirmed that all NSPCA inspectors requested must be authorised for inspections of this scale. The Court rejected the argument that regulatory “competent authorities” (that is, the South African government) could replace or duplicate the NSPCA’s function, noting that these authorities do not carry the statutory duty to police or prosecute cruelty. The NSPCA’s extensive presence was justified, necessary, and fully within its mandate.

Significantly, the Court awarded the NSPCA its costs on Scale B, including two counsel, recognising both the importance of the issues at stake and the NSPCA’s clear success. Although the vessel had departed before the appeal was heard, the Court held that the issues raised were of substantial public interest and required judicial clarification for future operations.

“This judgment offers vital certainty for the monitoring of export vessels departing South African ports,” says Grace de Lange, Chief Operating Officer of the NSPCA. “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.”

We extend our deepest thanks to our legal team – Advocate Andy Bester SC, Advocate Alex Ashton, and the team from Wright Attorneys Inc – for their compassion, perseverance, and tenacity in bringing this victory home.

The NSPCA welcomes this ruling as a powerful affirmation of its mandate and a meaningful advancement for animal welfare in South Africa. It ensures that our inspectors are equipped with the authority and practical tools necessary to conduct thorough, effective investigations, protect vulnerable animals, and ensure accountability wherever cruelty may occur.