The court bid seeks to give the private sector freedom to procure FMD vaccine and administer rollout.
South Africa’s livestock industry is heading to court as farmers challenge restrictions on access to the foot-and-mouth disease (FMD) vaccine, arguing the government should allow those who wish and have the capacity to privately administer the vaccine to do so.
Sakeliga, the Suider-Afrika Agri Inisiatief (Saai) and Free State Agriculture launched an urgent application in the Gauteng High Court in Pretoria on Monday. This comes at a time when the outbreak of the disease is escalating, and at the same time, the department of Agriculture is doing its best to vaccinate the infected livestock.
Northern Cape, the only province that previously had no cases, recorded a case in February, intensifying the spread of the disease. Meanwhile, the country received 1.5 million vaccine doses from the Türkiye-based manufacturer Dollvet on Sunday.
ALSO READ: Is vaccination the answer to foot-and-mouth disease?
Farmers approach High Court
The three applicants want the 12 respondents, which include the president of South Africa, the agriculture minister, the health minister, and other senior officials, to be interdicted from interfering with farmers who wish to administer registered or authorised FMD vaccines.
“Saai and its co-applicants intend to have the minister’s decisions and conduct relating to the FMD vaccine formally reviewed and set aside on the grounds that they are unlawful, irrational, and unconstitutional,” said Francois Rossouw, chief executive officer of Saai.
“Pending these review proceedings, urgent interim protection is sought from the court to prevent further and irreparable harm.”
The fight for FMD vaccine
Because the FMD is classified as a controlled animal disease under the Animal Diseases Act 35 of 1984, only the government is authorised to procure and administer the FMD vaccine through the department of Agriculture and state veterinarians.
The law prohibits farmers from privately purchasing or independently administering the vaccine, ensuring strict biosecurity oversight and protection of the country’s export status.
Rossouw said the department’s approach to administering the vaccine itself obstructs private vaccine imports, interferes with existing commercial import and supply relationships, and effectively prevents farmers from vaccinating their own animals.
ALSO READ: Pork prices to go up: Here’s why bacon will become even more expensive
Out-of-control disease
The applicants added that the disease is out of control, and Steenhuisen has also acknowledged this.
“These restrictions apply despite the minister’s acknowledgement that the disease is out of control, the declaration of a national disaster, and severe capacity constraints within the state.
“We are in the middle of a financial disaster. Farmers are simply asking not to be prevented from protecting their own animals and their right to make a living,” said Rossouw.
“When state capacity is limited, it cannot be constitutionally justifiable to block private capacity.”
Dr Theo de Jager, chairperson of the Saai Board, said, “To prohibit farmers from acting in parallel with the state against FMD while losses are escalating is not only economically damaging, it is legally untenable.
“This case is about farmers’ right to act for themselves and to prevent further devastation of their herds and livelihoods.”
NOW READ: Western Cape moves to secure own vaccines to protect province from FMD [VIDEO]
Support Local Journalism
Add The Citizen as a Preferred Source on Google and follow us on Google News to see more of our trusted reporting in Google News and Top Stories.