John Steenhuizen. (Photo: Maroela Media)
The Minister of Agriculture, John Steenhuisen, and his officials on Tuesday once again undermined the urgent court proceedings regarding their obstruction of the private procurement and administration of foot and mouth (FMD) vaccines.
This is what Sakeliga says after Steenhuisen was ordered by the High Court in Pretoria on Tuesday to fulfill his already delayed art. 10 scheme to be published by 5 May.
This case was adjourned until May 11 for argumentation of the urgent interdict application by Sakeliga, Saai and Vrystaat Landbou against the government’s obstruction of private BKS measures.
Sakeliga says that despite the widespread distress among farmers, agricultural industries and animals affected by BKS, Steenhuisen, its director general and the director of animal health requested the court to postpone the hearing until 2 June.
However, the court rejected this request.
“The BKS outbreak is a matter that has been declared by the government to be of national importance and a state of national disaster. However, it appears that Steenhuisen and the second and third respondents no longer regard it as such,” says Sakeliga
According to Sakeliga and his partners, Steenhuisen has already failed to meet several deadlines. This includes, among other things, his commitment in December last year to an art. 10 scheme to deliver in January; his director-general’s undertaking under oath that the scheme would be signed by Steenhuisen immediately after 24 March; the initial deadline of April 17, according to the court order; and his own public enterprise to implement the intended art. 10 scheme to be published by 24 April.
Foot and mouth vaccine. (Photo: Department of Agriculture)
Litigation continues
Sakeliga and its partners say they will continue with litigation and prepare for the next date.
“Our position remains that there is no legal impediment preventing the private administration of legal BKS vaccines. Our litigation seeks to remove the unlawful impediments maintained by the minister, as well as to prevent unlawful government interference with the private importation of approved vaccines.”
Sakeliga says that while Steenhuisen persists in his attempt to “maintain a state monopoly” and oppose a parallel private BKS vaccination process, farmers continue to suffer losses.
“The state does not have the will or the ability to prevent this. Steenhuisen’s unlawful obstruction of additional private sector measures – which could already be deployed on a large scale and at no cost to the state – must be ended.”
Francois Rossouw, CEO of Saai, says the organization is disappointed that Steenhuisen did not meet the deadlines set by the court to implement an art. 10 scheme for BKS to publish, did not respect, and asked for further delay.
“Even if the postponement was granted for just one week, the weekly spread of the disease is so serious that dozens of farmers’ operations could suffer. The agricultural community’s hearts go out to those farmers for whom any solution is already too late, and who had to watch their operations come to a standstill while they had to wait for the state to import, distribute and administer vaccine.”
Saai, Sakeliga and Vrystaat Landbou already asked Steenhuisen in January what in the law, regulations or international requirements, prevents the private sector and farmers themselves from obtaining and administering vaccine.
Photo for illustration: (Elisma van der Watt/Maroela Media)
“It has been continuously emphasized that farmers and private veterinarians have no problems reporting the acquisition, distribution and administration of vaccine meticulously.”
However, Sai maintains that Steenhuisen refused to respond, and expressed the fear that farmers would use the vaccine as biological weapons against each other.
“After he and several agricultural leaders and academics who are considered to be his confidants, made a big deal about the World Animal Health Organization (WOAH) requiring strict central government control in the handling of vaccine, the WOAH denied this, and made it clear that there is no obstacle on their part against the private importation, distribution or administration of vaccine.”
Rossouw says that apart from the severe frustration of farmers who are the victims of failed state functioning, farmers are grateful that the court, South Africa and the world can see the implication of “incompetent officials” in a faltering state.
“If officials do not even respect explicit instructions from the court, how would they have the capacity and ability to effectively manage a complex counter-strategy against foot-and-mouth disease and combat the disease? This is the most important reason why farmers should be allowed to look after their own herds,” says Rossouw