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<\/a> (Beth Clifton collage)<\/strong><\/em><\/div>\n MAKHANDA, South Africa\u2013\u2013<\/strong>The South African National Council of SPCAs on November 18,\u00a0 2025 rejoiced over a verdict from Eastern Cape Division of the High Court in Makhanda restoring the ability of the NSPCA to investigate cruelty to animals in live transport.<\/p>\n South Africa reportedly ships more than a hundred thousand live sheep and cattle per year,\u00a0 mostly to destinations in the Middle East.<\/p>\n \u201cThe National Council of SPCAs welcomes the landmark judgment delivered today,\u201d\u00a0 the NSPCA said in a media release,\u00a0 \u201cwhich decisively strengthens our authority to prevent cruelty to animals during the export of live animals by sea.<\/p>\n <\/a> (National SPCA photo)<\/strong><\/em><\/div>\n \u201cThe ruling overturns severe restrictions previously imposed by the East London Magistrates\u2019 Court,\u201d\u00a0 the NSPCA explained,\u00a0 \u201cduring the planned loading of more than 53,000 animals onto the live export vessel Al Messilah<\/em> in July 2023.\u201d<\/p>\n The Eastern Cape Division of the High Court in Makhanda could be overturned by the South African\u00a0Supreme Court of Appeal\u00a0and\/or the\u00a0Constitutional Court.<\/p>\n The Supreme Court of Appeal handles general appeals, \u00a0and would be the first court of appeal for the livestock shipping industry.<\/p>\n The Constitutional Court is the highest court in South Africa for constitutional matters,\u00a0 but would likely take up the case only if a Supreme Court of Appeal verdict recognized a constitutional contradiction in the November 18,\u00a0 2025 ruling,\u00a0 which relies heavily on the constitutional authority of the NSPCA.<\/p>\n <\/a> (NSPCA photo)<\/strong><\/em><\/div>\n Meanwhile,\u00a0 the National Council of SPCAs media release detailed,\u00a0 the East London magistrate \u201chad, amongst other things, \u00a0authorized only four NSPCA officers to board the vessel,\u00a0 and prohibited all photographs, \u00a0video footage, \u00a0and scanned documentation.<\/p>\n \u201cThe High Court has now set aside that order in full,\u00a0 issuing a powerful affirmation of the NSPCA\u2019s constitutional and statutory mandate.<\/p>\n \u201cIn its judgment,\u201d\u00a0 the National Council of SPCAs media release continued,\u00a0 \u201cthe court highlighted that the NSPCA is \u2018entitled to police actions of cruelty to animals by investigations and, \u00a0where necessary, \u00a0prosecute those persons who ill-treat animals.\u2019<\/p>\n \u201cThis mandate, the court found, \u00a0cannot be fulfilled if inspectors are prevented from gathering visual and documentary evidence \u2013 especially in large-scale, \u00a0high-risk operations such as live export.<\/p>\n <\/a> (Beth Clifton collage)<\/strong><\/em><\/div>\n \u201cA central feature of the ruling,\u201d\u00a0 the National Council of SPCAs media release assessed,\u00a0 is \u201cfirm rejection of the magistrate\u2019s narrow, \u00a0literal interpretation of the Animals Protection Act.<\/p>\n \u201cThe lower court had reasoned that, \u00a0because [the South African Animals Protection Act] does not explicitly mention \u2018photographing\u2019 or \u2018filming,\u2019 \u00a0the NSPCA did not have the authority to record conditions on board\u201d livestock transport vessels.<\/p>\n \u201cThe High Court held that such an approach is fundamentally inconsistent with constitutional principles and modern statutory interpretation. \u00a0Instead, the Court emphasized that the NSPCA\u2019s authority to document inspections is inherent in its power to enter,\u00a0 examine,\u00a0 investigate, and prosecute,\u201d\u00a0 National Council of SPCAs media release summarized.<\/p>\n <\/a> Al Messilah.\u00a0 (Beth Clifton collage)<\/strong><\/em><\/div>\n \u201cThe court rejected the argument that regulatory \u2018competent authorities,\u2019 \u00a0that is, \u00a0the South African government, \u00a0could replace or duplicate the NSPCA\u2019s function,\u201d\u00a0 the National Council of SPCAs media release recounted, \u00a0\u201cnoting that these authorities do not carry the statutory duty to police or prosecute cruelty.\u201d<\/p>\n Eastern Cape Division of the High Court also awarded the costs of pursuing the case to the National Council of SPCAs.<\/p>\n \u201cThis judgment offers vital certainty for the monitoring of export vessels departing South African ports,\u201d \u00a0assessed National Council of SPCAs chef operating officer Grace de Lange. \u00a0\u201cIt affirms that the NSPCA\u2019s powers must be interpreted in a manner that gives real effect to the purpose of the Animals Protection Act and the constitutional value placed on animal welfare.\u201d<\/p>\n <\/a> (Beth Clifton collage)<\/strong><\/em><\/div>\n The live export vessel Al Messilah,<\/em>\u00a0 at the center of the case,\u00a0 was last reported along the coast of India,\u00a0 expected to reach an unknown destination on November 20,\u00a0 2025.<\/p>\n Built as a car transporter in 1980,\u00a0 converted to carry sheep and cattle in 1997,\u00a0 flagged in Kuwait,\u00a0 the Al Messilah <\/em>has long been involved in incidents and controversy.<\/p>\n As recently as September 3,\u00a0 2025,\u00a0 according to the shipping trade periodical The Maritime Executive<\/em>, \u00a0the Australian Transport Safety Bureau reported that the Al Messilah <\/em>had been \u201c<\/em>banned from entering [Australian waters] due to persistent safety shortcomings,\u201d\u00a0 after \u201clack of proper maintenance caused engine failure of the Al Messilah<\/em> while it was entering the Port of Fremantle, \u00a0a malfunction that led to loss of propulsion twice in quick succession.<\/p>\n That incident occurred on March 4,\u00a0 2025.<\/p>\n <\/a> (Beth Clifton collage)<\/strong><\/em><\/div>\n \u201cWhile the two incidents of engine failure were troubling enough,\u201d\u00a0 The Maritime Executive<\/em> observed,\u00a0 \u00a0\u201cThe Australian Transport Safety Bureau faulted the marine pilot for failing to follow standard communications protocols,\u201d\u00a0 so that a \u201cdistress call was not received, \u00a0delaying proper coordination.<\/p>\n \u201cThough the incident was a close call,\u201d\u00a0 The Maritime Executive<\/em> said,\u00a0 \u201canother incident was to occur during Al Messilah<\/em>\u2018s next port visit to Fremantle in April. \u00a0The ship experienced a complete electrical power loss and black smoke emanated from the engine room, \u00a0with the cause being attributed to a generator failure. \u00a0The failure was most likely due to the degradation of the electrical cable insulation, \u00a0caused by continuous movement due to poor securing, \u00a0leading to a short circuit in the system.\u201d<\/p>\n The\u00a0Al Messilah<\/em> had often before attracted Australian governmental attention.<\/p>\n \u201cIn 2006, \u00a0a voyage from Tasmania saw 1,683 of 71,309 sheep die\u00a0on board,\u201d\u00a0 Animals Australia reported in 2017.<\/p>\n <\/a> The Awassi Express.\u00a0 <\/strong><\/em>(Beth Clifton collage)<\/strong><\/em><\/div>\n \u201cA July 2016 voyage resulted in 3,027 sheep (4.36\u00a0percent) dying on the vessel as the\u00a0Al Messilah<\/em>\u00a0sailed from Fremantle to the\u00a0Middle East,\u201d\u00a0 Animals Australia continued.<\/p>\n That episode caused Western Australia agriculture minister Alannah MacTiernan to warn livestock exporters in 2017 that the state government could prosecute live exporters under state animal welfare laws, \u00a0and would do so if another mass-mortality event occurred within Western Australian jurisdiction.<\/p>\n In April 2018 the Al Messilah<\/em> took on a cargo of 70,000 sheep from another Kuwait-flagged transport ship,\u00a0 the Awassi Express<\/em>,\u00a0 \u00a0which according to Victoria Laurie of\u00a0The Australian<\/em>,\u00a0 \u201chad been held in Fremantle for two weeks,\u00a0 while the Australian\u00a0Maritime Safety Authority forced it to improve poor ventilation on its closed livestock decks after 2,400 sheep died of heat stress and dehydration\u201d en route in August 2017 to destinations in Qatar,\u00a0 Kuwait,\u00a0 and the United Arab Emirates.<\/p>\n (See Cruelty charges filed against Aussie live sheep shippers\u2013\u2013a first!<\/a> and The poop on live transport, whaling, & Ramadan 2018<\/a>.)<\/strong><\/em><\/p>\n <\/a> Scene from aboard the Awassi Express.<\/strong><\/em> Both the\u00a0Al Messilah\u00a0<\/em>and the\u00a0Awassi Express<\/em>\u00a0were,\u00a0 and apparently still are, \u00a0\u201cowned by the Kuwaiti Livestock & Trading Company,\u201d \u00a0Laurie mentioned.<\/p>\n The Al Messilah<\/em> was \u00a0also \u201cdelayed by equipment repairs mandated by the Australian Maritime Safety Authority,\u201d\u00a0 Laurie added.<\/p>\n The Australian Maritime Safety Authority,\u00a0 Animals Australia said,\u00a0 found issues with the\u00a0Al Messilah\u00a0<\/em>including \u201choles corroded in the decks and bulkheads throughout the ship;\u00a0 improperly mounted electrical cables, \u00a0exposed wires and unsealed electrical junction\u00a0boxes; \u00a0an unserviceable generator;\u00a0 and poor quality repairs throughout the livestock decks.\u201d<\/p>\n Thereafter,\u00a0 the Al Messilah\u00a0<\/em>appears to have been shifted from hauling animals from Australia to hauling animals from South Africa.\u00a0 \u201ctargeting South Africa with its poor economic status and weak regulatory environment,\u201d\u00a0 South African National SPCA chief inspector Nazareth Appalsamy told investigative reporter Don Pinnock of the nationally distributed Daily Maverick<\/em>\u00a0newspaper.<\/p>\n Those companies,\u00a0 Appalsamy charged, \u00a0are \u201ctransporting animals north at the hottest time of year,\u201d\u00a0 at risk of \u201chigh mortalities.\u201d<\/p>\n <\/a> Marcelle Meredith.\u00a0 (NSPCA photo)<\/strong><\/em><\/div>\n \u201cSince July 17,\u00a0 2023,\u201d\u00a0 then-National Council of SPCAs chief execution Marcelle Meredith emailed to ANIMALS 24-7<\/strong> at the beginning of the case decided by the Eastern Cape Division of the High Court on November 18,\u00a0 2025,\u00a0\u00a0 sixteen NSPCA staff have \u201cbeen in the Eastern Cape inspecting a shipment of 49,000 animals destined for export by sea,\u00a0 by the Al Mawashi & Livestock Transport & Trading Company,\u201d\u00a0 aboard the Al Messilah, <\/em>\u00a0\u201cfully supported by the South African government and the Red Meat Industry Forum.<\/p>\n \u201cThey have not adhered to the government\u2019s \u2018Guidelines for the Exportation of Live Animals by Sea,\u2019\u201d\u00a0 Meredith charged.<\/p>\n \u201cAt the feedlot,\u201d\u00a0 where the animals are held pending export, \u00a0\u201cinspectors found significant animal welfare concerns,\u201d\u00a0 Meredith said.<\/p>\n \u201cThe pelleted food for the sheep had run out.\u201d<\/p>\n <\/a> (Beth Clifton photo)<\/strong><\/em><\/div>\n Ewes \u201chad not been scanned to determine pregnancy,\u201d\u00a0 resulting in the presence of \u201cobviously pregnant ewes, \u00a0newborn lambs from those sheep who had given birth, \u00a0as well as aborted young,\u201d\u00a0 all in contravention of South African law.<\/p>\n \u201cOther compromised animals,\u201d\u00a0 Meredith continued,\u00a0 included \u201clame sheep, \u00a0sheep with foot rot, \u00a0pink eye throughout the pens, \u00a0and emaciated and moribund sheep.<\/p>\n \u201cThe State Veterinary Department failed to uphold their guidelines, \u00a0the exporter failed to adhere to the guidelines, \u00a0and still the exporter advised us, that regardless,\u00a0 loading would commence July 20,\u00a0 2023 onto the Al Messilah vessel.\u201d<\/p>\n A National SPCA appeal to the Grahamstown High Court failed.<\/p>\n <\/a> (Beth Clifton collage)<\/strong><\/em><\/div>\n \u201cAmong the few regulations that South Africa enforces governing livestock exports is a requirement that animals with horns that are \u2018sharp or protrude beyond the widest part of the animal\u2019 may not be exported,\u201d\u00a0 updated investigative reporter Don Pinnock of the South African national newspaper Daily Maverick<\/em> on August 7,\u00a0 2023.<\/p>\n \u201cTherefore,\u201d\u00a0 Pinnock revealed,\u00a0 \u201cA feedlot manager in Berlin (Ntabozuko) near East London, \u00a0working for the Kuwaiti company Al Mawashi, \u00a0decided to solve the problem by cutting off the horns of 126 rams with an angle grinder after National SPCA inspectors left, \u00a0painfully exposing nerves, \u00a0blood vessels and soft tissue.<\/p>\nSouth African High Court rules against the live transport industry,\u00a0 in favor of the National Council of SPCAs<\/span><\/em><\/h2>\n
<\/p>\n<\/p>\n\u201cRuling overturns severe restrictions\u201d<\/h2>\n
<\/p>\n<\/p>\nMagistrate \u201cprohibited all photos,\u00a0 video,\u00a0 & scanned documentation\u201d<\/h2>\n
<\/p>\n<\/p>\n\u201cFundamentally inconsistent with constitutional principles\u201d<\/h2>\n
<\/p>\n<\/p>\nNCPCA won court costs<\/h2>\n
<\/p>\n<\/p>\nAl Messilah <\/em>is still on high seas hauling animals<\/h2>\n
<\/p>\n<\/p>\n\u201cClose call\u201d in Australia<\/h2>\n
<\/p>\n<\/p>\nAl Messilah<\/em> involved in Awassi Express<\/em> disaster<\/h2>\n
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(From Animals Australia video)<\/strong><\/em><\/div>\n\u201cHoles corroded in the decks\u201d<\/h2>\n
<\/p>\n<\/p>\nNSPCA vs. Al Messilah<\/em><\/strong><\/h2>\n
<\/p>\n<\/p>\nEwes not scanned for pregnancy<\/h2>\n
<\/p>\n<\/p>\nHorns cut with an angle grinder<\/h2>\n