The National Council of SPCAs (NSPCA) confirms that the State has declined to prosecute those responsible for the animal cruelty documented aboard the Al Kuwait in February 2024, more than two years after the case was opened.
The Acting Director of Public Prosecutions (DPP) in the Western Cape notified the NSPCA that criminal proceedings would not be pursued against the vessel’s captain, its attending veterinarian, or Livestock and Trading Company KSC. The reasons given were procedural rather than substantive: neither individual is currently in South Africa, the alleged offences do not qualify as extraditable under the Extradition Act, and the company itself has no directors or representatives within South African jurisdiction who could be held to account.
Notably, the DPP does not deny that severe cruelty took place on the vessel.
The case was opened by the NSPCA, working with the Cape of Good Hope SPCA, in April 2024, following an inspection that documented extreme faecal build-up, animals resting in their own waste, and humane euthanasia of compromised cattle.
In the NSPCA’s view, this outcome highlights a structural weakness in holding foreign parties accountable where alleged offences occur aboard vessels calling at South African ports. The NSPCA believes that it can establish, beyond reasonable doubt, that animals suffered immensely. Unfortunately, we cannot compel a foreign captain or a foreign company to answer for it if neither sets foot in South Africa again. The NSPCA has long argued that this is precisely the vulnerability that makes the export of live animals by sea near impossible to regulate: responsibility scatters across countries, foreign crews, and international waters.
However, the door is not closed permanently. The DPP has confirmed that proceedings may be reinstated should the captain or the veterinarian re-enter South African territory. The question is: Who will monitor this?
| Read more: NSPCA Commends Veterinary Body’s Stand Against Live Export by Sea Trade |
The more durable answer lies in preventing these voyages from leaving South African harbours in the first place. The NSPCA maintains that no country has demonstrated the capacity or competence to guarantee animal welfare that is beyond reproach for the duration of these voyages.
The NSPCA thanks the Cape of Good Hope SPCA for its role in the inspection and investigation, and Dr Bryce Marock for his veterinary assessment aboard the vessel in 2024.
We remain firmly opposed to the exportation of live animals by sea and call for it to come to an end.
If you are as passionate about animals and their well-being as we are, consider supporting our causes by donating.
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