Al Mawashi (Pty) Ltd and Another v National Council of Societies for the Prevention of Cruelty to Animals (995/2020) [2020] ZAECGHC 74 (30 June 2020)

Al Mawashi (Pty) Ltd and Another v National Council of Societies for the Prevention of Cruelty to Animals (995/2020) [2020] ZAECGHC 74 (30 June 2020)

The court found that the NSPCA did not fail to disclose material facts and that the litigation history prior to March 2020 was irrelevant to the reconsideration of the interim order. The companies had ample opportunity to inform the NSPCA of shipping dates, which would have avoided the urgency and the need for the application. The evidence presented by the NSPCA, including veterinary affidavits, established that the reduction in the number of sheep would not address the primary concerns of cruelty and heat stress during export. The companies did not demonstrate that the financial losses incurred would cause undue prejudice or threaten their sustainability. The court was satisfied that...

Citation
[2020] ZAECGHC 74
Parties
Applicant: Al Mawashi (Pty) Ltd; Applicant: Livestock Transport and Trading Company KSC (KLTT); Respondent: National Council of Societies for the Prevention of Cruelty to Animals; Respondent: Red Meat Industry Forum
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
30 June 2020
Case Number
995/2020
Procedural Posture
Urgent Application / Application for Discharge or Variation of Interim Interdict Order
Outcome
Application for discharge or variation of the interim order dismissed.
Judges
G H Bloem
Legal Topics
Interim Interdict, Animal Protection Act, Urgency Procedure, Cruelty to Animals, Reconsideration of Order, Costs Award
Civil Procedure Land and Property Environmental Law Interim Interdict Animal Protection Act Urgency Procedure Cruelty to Animals Reconsideration of Order +1 more

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Parties

Al Mawashi (Pty) Ltd

Applicant

Livestock Transport and Trading Company KSC (KLTT)

Applicant

National Council of Societies for the Prevention of Cruelty to Animals

Respondent

Red Meat Industry Forum

Respondent

Procedural Posture

Urgent Application / Application for Discharge or Variation of Interim Interdict Order

Legal Issues

  1. 1 Whether the interim interdict granted on 9 June 2020 should be discharged or varied.
  2. 2 Whether the NSPCA failed to disclose material facts in the urgent application.
  3. 3 Whether the reduction in the number of sheep exported would address the NSPCA's concerns regarding cruelty and heat stress.

Ratio Decidendi

The court found that the NSPCA did not fail to disclose material facts and that the litigation history prior to March 2020 was irrelevant to the reconsideration of the interim order. The companies had ample opportunity to inform the NSPCA of shipping dates, which would have avoided the urgency and the need for the application. The evidence presented by the NSPCA, including veterinary affidavits, established that the reduction in the number of sheep would not address the primary concerns of cruelty and heat stress during export. The companies did not demonstrate that the financial losses incurred would cause undue prejudice or threaten their sustainability. The court was satisfied that...

Court Disposition

Application for discharge or variation of the interim order dismissed.

Orders

  • The application for discharge or variation of the order granted on 9 June 2020 is dismissed.
  • The first and second respondents shall pay the applicant's and the eleventh respondent's costs of the application, including costs occasioned by the postponement on 19 June 2020 and the employment of two counsel.