Newly appointed agriculture minister John Steenhuisen will need to hit the ground running, and a key priority will be his department’s response to a recent high court ruling which overturned the government’s policy on compensation for poultry culled due to bird flu infection.
Advocacy group FairPlay explains that the basis of the government’s argument since 2017 is that chickens infected or in contact with bird flu have no value.
Unlike other countries, the South African government has refused to compensate poultry farmers for the chickens they are ordered to cull to stop the spread of bird flu.
This policy was challenged by a farmer, and the Cape Town high court has ruled that a farmer’s R31-million claim must be reconsidered on the basis that the chickens were previously healthy and had a market value.
The South African Poultry Association has welcomed the decision, pointing out that poultry farmers lost R10 billion in last year’s bird flu outbreak alone. The Department of Agriculture, against which the disputed claim was lodged, has yet to respond.
How the government reacts will be a big decision for the new agriculture minister, says FairPlay.
“One of the first issues will be whether or not the government believes there is any prospect of a successful appeal against the court decision.
“If it is not taken on appeal, or if an appeal fails, then the government potentially faces huge claims from poultry farmers for losses suffered in cullings.”
Judge Cloete had ordered that the decision not to compensate be sent back to department officials for fresh consideration, noting “nil” cannot be the finding. She ordered officials to consider compensation as if the animals were in a “healthy” state.