CONCOURT Ruling: NSPCA Loses Battle Against AL Mawashi


East London, 13 August 2021 — Al Mawashi South Africa this week welcomed a landmark Constitutional Court ruling over long-haul shipment of livestock to Middle Eastern markets.  The country’s apex court dismissed the NSPCA’s application to appeal the Supreme Court of Appeal’s ruling over a case it lost at the Makanda High Court last year where an interim interdict was sought to prohibit Al Mawashi from exporting sheep to destinations north of the equator.

“The ruling by South Africa’s apex court this week along with the recent publication by South African authorities on first draft guidelines for transportation of animals by sea has provided much needed clarity and confidence over the future of the trade.  The ruling signals certainty over the future of South Africa’s live exports industry,” said Mr. Ilyaas Ally, MD:  Al Mawashi SA. 

In its ruling, the Constitutional Court said it “has considered the application for leave to appeal [and] concluded that it will not be in the interests of justice to grant leave to appeal.”

While the ruling further noted “interim interdicts are generally not appealable, and the matter is now moot and, in any event, lacks reasonable prospects of success,” NSPCA’s legal team, represented by Advocate Kevin Hopkins and Dominique Wright of Wright Attorneys, proceeded to petition the Concourt.

“The Concourt’s ruling has erased the question mark that once hovered over South Africa to step up as a reliable trade partner for the food security of the Middle East following a generous inflow of foreign direct investment (FDI) in the region of half a billion rand for the Eastern Cape after being approached by the government to establish the industry during a trade mission.

“It is now up to farmers, organised agriculture and government to unite and nurture the live exports industry to win market share and to improve the competitiveness of South Africa red meat in the Middle East, which presents a long-term and sustainable market. South Africa must work to become the preferred import market of live animals in the Southern Hemisphere for Middle Eastern countries.   The country has a strategic advantage because of its close proximity to the Middle East,’’ said Mr. Ally.

“We will continue to work with and support traders that share our vision for sustainable long-term growth with responsible pricing strategies.  There are also massive downstream benefits for the entire value chain.

Mr. Ally concluded: “Demand for livestock from Middle Eastern countries is on a steep rise and upward trajectory.  It is a sustainable outlet and market for South Africa, and the partnership with Kuwait needs to be nurtured.”

– Ends –

Issued on behalf of Al Mawashi South Africa by Meropa Communications

Further information:

JP Roodt | Divisional Head:  Meropa Communications
Switchboard:  +27 41 582 1377

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