South African High Court rules against the live transport industry, in favor of the National Council of SPCAs
MAKHANDA, South Africa––The South African National Council of SPCAs on November 18, 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.
South Africa reportedly ships more than a hundred thousand live sheep and cattle per year, mostly to destinations in the Middle East.
“The National Council of SPCAs welcomes the landmark judgment delivered today,” the NSPCA said in a media release, “which decisively strengthens our authority to prevent cruelty to animals during the export of live animals by sea.
“Ruling overturns severe restrictions”
“The ruling overturns severe restrictions previously imposed by the East London Magistrates’ Court,” the NSPCA explained, “during the planned loading of more than 53,000 animals onto the live export vessel Al Messilah in July 2023.”
The Eastern Cape Division of the High Court in Makhanda could be overturned by the South African Supreme Court of Appeal and/or the Constitutional Court.
The Supreme Court of Appeal handles general appeals, and would be the first court of appeal for the livestock shipping industry.
The Constitutional Court is the highest court in South Africa for constitutional matters, but would likely take up the case only if a Supreme Court of Appeal verdict recognized a constitutional contradiction in the November 18, 2025 ruling, which relies heavily on the constitutional authority of the NSPCA.
Magistrate “prohibited all photos, video, & scanned documentation”
Meanwhile, the National Council of SPCAs media release detailed, the East London magistrate “had, amongst other things, authorized only four NSPCA officers to board the vessel, and prohibited all photographs, video footage, and scanned documentation.
“The High Court has now set aside that order in full, issuing a powerful affirmation of the NSPCA’s constitutional and statutory mandate.
“In its judgment,” the National Council of SPCAs media release continued, “the court highlighted that the NSPCA is ‘entitled to police actions of cruelty to animals by investigations and, where necessary, prosecute those persons who ill-treat animals.’
“This mandate, the court found, cannot be fulfilled if inspectors are prevented from gathering visual and documentary evidence – especially in large-scale, high-risk operations such as live export.
“Fundamentally inconsistent with constitutional principles”
“A central feature of the ruling,” the National Council of SPCAs media release assessed, is “firm rejection of the magistrate’s narrow, literal interpretation of the Animals Protection Act.
“The lower court had reasoned that, because [the South African Animals Protection Act] does not explicitly mention ‘photographing’ or ‘filming,’ the NSPCA did not have the authority to record conditions on board” livestock transport vessels.
“The High Court held that such an approach is fundamentally inconsistent with constitutional principles and modern statutory interpretation. Instead, the Court emphasized that the NSPCA’s authority to document inspections is inherent in its power to enter, examine, investigate, and prosecute,” National Council of SPCAs media release summarized.
NCPCA won court costs
“The court rejected the argument that regulatory ‘competent authorities,’ that is, the South African government, could replace or duplicate the NSPCA’s function,” the National Council of SPCAs media release recounted, “noting that these authorities do not carry the statutory duty to police or prosecute cruelty.”
Eastern Cape Division of the High Court also awarded the costs of pursuing the case to the National Council of SPCAs.
“This judgment offers vital certainty for the monitoring of export vessels departing South African ports,” assessed National Council of SPCAs chef operating officer Grace de Lange. “It affirms that the NSPCA’s 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.”
Al Messilah is still on high seas hauling animals
The live export vessel Al Messilah, at the center of the case, was last reported along the coast of India, expected to reach an unknown destination on November 20, 2025.
Built as a car transporter in 1980, converted to carry sheep and cattle in 1997, flagged in Kuwait, the Al Messilah has long been involved in incidents and controversy.
As recently as September 3, 2025, according to the shipping trade periodical The Maritime Executive, the Australian Transport Safety Bureau reported that the Al Messilah had been “banned from entering [Australian waters] due to persistent safety shortcomings,” after “lack of proper maintenance caused engine failure of the Al Messilah while it was entering the Port of Fremantle, a malfunction that led to loss of propulsion twice in quick succession.
That incident occurred on March 4, 2025.
“Close call” in Australia
“While the two incidents of engine failure were troubling enough,” The Maritime Executive observed, “The Australian Transport Safety Bureau faulted the marine pilot for failing to follow standard communications protocols,” so that a “distress call was not received, delaying proper coordination.
“Though the incident was a close call,” The Maritime Executive said, “another incident was to occur during Al Messilah‘s next port visit to Fremantle in April. The ship experienced a complete electrical power loss and black smoke emanated from the engine room, with the cause being attributed to a generator failure. The failure was most likely due to the degradation of the electrical cable insulation, caused by continuous movement due to poor securing, leading to a short circuit in the system.”
The Al Messilah had often before attracted Australian governmental attention.
“In 2006, a voyage from Tasmania saw 1,683 of 71,309 sheep die on board,” Animals Australia reported in 2017.
Al Messilah involved in Awassi Express disaster
“A July 2016 voyage resulted in 3,027 sheep (4.36 percent) dying on the vessel as the Al Messilah sailed from Fremantle to the Middle East,” Animals Australia continued.
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, and would do so if another mass-mortality event occurred within Western Australian jurisdiction.
In April 2018 the Al Messilah took on a cargo of 70,000 sheep from another Kuwait-flagged transport ship, the Awassi Express, which according to Victoria Laurie of The Australian, “had been held in Fremantle for two weeks, while the Australian Maritime Safety Authority forced it to improve poor ventilation on its closed livestock decks after 2,400 sheep died of heat stress and dehydration” en route in August 2017 to destinations in Qatar, Kuwait, and the United Arab Emirates.
(See Cruelty charges filed against Aussie live sheep shippers––a first! and The poop on live transport, whaling, & Ramadan 2018.)
(From Animals Australia video)
“Holes corroded in the decks”
Both the Al Messilah and the Awassi Express were, and apparently still are, “owned by the Kuwaiti Livestock & Trading Company,” Laurie mentioned.
The Al Messilah was also “delayed by equipment repairs mandated by the Australian Maritime Safety Authority,” Laurie added.
The Australian Maritime Safety Authority, Animals Australia said, found issues with the Al Messilah including “holes corroded in the decks and bulkheads throughout the ship; improperly mounted electrical cables, exposed wires and unsealed electrical junction boxes; an unserviceable generator; and poor quality repairs throughout the livestock decks.”
Thereafter, the Al Messilah appears to have been shifted from hauling animals from Australia to hauling animals from South Africa. “targeting South Africa with its poor economic status and weak regulatory environment,” South African National SPCA chief inspector Nazareth Appalsamy told investigative reporter Don Pinnock of the nationally distributed Daily Maverick newspaper.
Those companies, Appalsamy charged, are “transporting animals north at the hottest time of year,” at risk of “high mortalities.”
NSPCA vs. Al Messilah
“Since July 17, 2023,” then-National Council of SPCAs chief execution Marcelle Meredith emailed to ANIMALS 24-7 at the beginning of the case decided by the Eastern Cape Division of the High Court on November 18, 2025, sixteen NSPCA staff have “been in the Eastern Cape inspecting a shipment of 49,000 animals destined for export by sea, by the Al Mawashi & Livestock Transport & Trading Company,” aboard the Al Messilah, “fully supported by the South African government and the Red Meat Industry Forum.
“They have not adhered to the government’s ‘Guidelines for the Exportation of Live Animals by Sea,’” Meredith charged.
“At the feedlot,” where the animals are held pending export, “inspectors found significant animal welfare concerns,” Meredith said.
“The pelleted food for the sheep had run out.”
Ewes not scanned for pregnancy
Ewes “had not been scanned to determine pregnancy,” resulting in the presence of “obviously pregnant ewes, newborn lambs from those sheep who had given birth, as well as aborted young,” all in contravention of South African law.
“Other compromised animals,” Meredith continued, included “lame sheep, sheep with foot rot, pink eye throughout the pens, and emaciated and moribund sheep.
“The State Veterinary Department failed to uphold their guidelines, the exporter failed to adhere to the guidelines, and still the exporter advised us, that regardless, loading would commence July 20, 2023 onto the Al Messilah vessel.”
A National SPCA appeal to the Grahamstown High Court failed.
Horns cut with an angle grinder
“Among the few regulations that South Africa enforces governing livestock exports is a requirement that animals with horns that are ‘sharp or protrude beyond the widest part of the animal’ may not be exported,” updated investigative reporter Don Pinnock of the South African national newspaper Daily Maverick on August 7, 2023.
“Therefore,” Pinnock revealed, “A feedlot manager in Berlin (Ntabozuko) near East London, working for the Kuwaiti company Al Mawashi, decided to solve the problem by cutting off the horns of 126 rams with an angle grinder after National SPCA inspectors left, painfully exposing nerves, blood vessels and soft tissue.
NSPCA has new leadership
A National SPCA inspector, however, discovered what had happened the following morning.
“The rams were confiscated by the National SPCA and moved to a place of safety where they were provided with veterinary treatment,” Pinnock continued.
“After the rams were confiscated,” Pinnock finished, “Al Mawashi continued with the loading of 39,000 sheep, 300 cattle and 43 goats on to the Al Messilah.”
(Daniel Leventhal photo)
Marcelle Meredith, executive director of the National SPCA of South Africa since 1991, retired on June 30, 2025, succeeded by longtime deputy NSPCA director Esté Kotzé.
Please donate to support our work:
More related posts:
Discover more from Animals 24-7
Subscribe to get the latest posts sent to your email.
