Industry organisation the South African Poultry Association (SAPA) welcomes the Supreme Court of Appeal ruling on compensation for poultry destroyed at a farm under compulsory disease-control measures in 2021.

It says the ruling is a victory for producers and South Africa’s food security.

Following an avian influenza outbreak at a poultry farm in May 2021, State veterinary authorities ordered the destruction of birds and eggs to contain the disease, and the farmer complied.

South Africa’s Animal Diseases Act allows owners to apply for compensation when animals or other property are destroyed under official control measures.

However, the Director of Animal Health twice determined compensation for the farmer at zero, reasoning that infected and exposed birds had no value because they were likely to die and could not be traded, SAPA says.

The dispute concerned how compensation should be calculated.

On October 28, this year, the Supreme Court of Appeal dismissed the Director of Animal Health’s and the Agriculture Minister’s appeal by a three-to-two majority.

The ruling upheld the requirement that destroyed birds and eggs be valued as if uninfected, with compensation based on fair market value.

SAPA supported the litigation and participated as a friend of the court because of the case’s implications for the wider industry, the association says.

“This is an important victory for poultry farmers. Compulsory culling can remove a farmer’s productive flock in a matter of days. Farmers who comply are helping to protect other farms and the public, and fair compensation recognises that shared benefit,” says SAPA Broiler Organisation CEO Izaak Breitenbach.

Further, the judgment also recognised that compensation supports effective disease control by encouraging prompt reporting and cooperation with veterinary authorities.

“Confidence that compensation will be assessed fairly strengthens our ability to respond quickly to outbreaks. That matters for animal health, investment, jobs and food security across both the chicken and egg industries,” says Breitenbach.

SAPA calls for outstanding claims to be addressed fairly and promptly in accordance with the judgment. The State may still seek leave to appeal to the Constitutional Court, it points out.