CONSTITUTIONAL COURT DISMISSES NSPCAs APPLICATION TO APPEAL HIGH COURT RULING.
The Constitutional Court of South Africa has dismissed the NSPCA’s application to appeal the Supreme Court of Appeal’s ruling with regards to the live export of animals north of the equator.
In 2020, the NSPCA obtained an interim interdict which prevented Al Mawashi, a Kuwaiti live export company, from subjecting some 51 000 sheep and 650 cattle to immense cruelty on board their vessel for the purposes of live export to the Middle East.
This interdict should have stood until a ruling of Part B of our application was handed down by the courts. It was almost unbelievable that AJ Dukada had ruled in favour of Al Mawashi in 2020, due to a balance of convenience – this balance being between the FINANCIAL LOSS (money) that could be suffered by the respondents should the export be prevented versus that of the WELFARE of the exported sheep.
The NSPCA appealed the ruling at the Supreme Court of Appeal where we were once again dismissed. We were left with no choice but to approach the Apex Court of our country and we are shocked that they too have dismissed our plea to protect our animals. As a result, hundreds of thousands of our animals suffered, and will continue to suffer, at sea until Part B of our application is heard.
This is devastating for our animals, however, all is not lost, Part B of our application, which seeks to ban the export of live animals by sea north of the equator completely, is yet to be heard by our Courts.
This is hopefully, a light at the end of the tunnel for our animals, and until that light is doused, the NSPCA, together with our legal team, hopes to continue to fight relentlessly and win this case for our animals. Cruelty is cruelty and it cannot be hidden or overlooked. We must go on, we must be given the chance to prove to our courts that this abhorrent trade should not be legal.
We ask the public for their continued support, morally and financially, until such a day that we can say animals will not suffer for live export, not on our shores!