Urgent court bid challenges govt control of FMD vaccine access

Pretoria – Agricultural groups have launched an urgent legal challenge in the Pretoria High Court, seeking to stop what they describe as restrictive state measures limiting farmers’ ability to fight Foot-and-Mouth Disease (FMD).

The application was filed by the Southern African Agri Initiative (Saai) together with Free State Agriculture and Sakeliga.

The groups are seeking an interim interdict against Agriculture Minister John Steenhuisen, the Department of Agriculture, and the Director of Animal Health, pending a full review of government FMD vaccine policies.

The applicants argue that current measures are unlawful, irrational, and unconstitutional, claiming the state is preventing private sector participation in managing the disease.

They contend that restrictions include blocking private vaccine imports, interfering with commercial supply arrangements, and preventing farmers from vaccinating their own animals.

These measures remain in place despite the government acknowledging that the outbreak is largely uncontrolled and despite what the applicants say are serious state capacity limitations.

“We are in the middle of a financial disaster,” said Saai CEO Francois Rossouw.

“Farmers are simply asking not to be prevented from protecting their own animals and their right to make a living. When state capacity is limited, it cannot be constitutionally justifiable to block private capacity.”

The organisations argue that the policy is causing escalating economic losses across the agricultural sector.

Saai board chairperson Theo de Jager said the dispute is about farmers’ operational freedom in responding to the disease.

“To prohibit farmers from acting in parallel with the state against Foot-and-Mouth Disease while losses are escalating is not only economically damaging — it is legally untenable,” De Jager said.

“This case is about farmers’ right to act for themselves and to prevent further devastation of their herds and livelihoods.”

The interim interdict would, if granted, bar officials from unreasonably interfering with farmers who wish to lawfully obtain and administer FMD vaccines to their own livestock.

It would also protect lawful private import, distribution, and supply agreements relating to the vaccine while the broader review application is heard.

South Africa has experienced repeated challenges in controlling FMD outbreaks in recent years, with the agricultural sector warning that prolonged restrictions could threaten food security and rural incomes.

The court has been asked to treat the matter as urgent, arguing that continued regulatory enforcement could cause irreparable harm before the legality of the policy is determined.