The government could face an avalanche of claims if it doesn’t act soon to appeal the High Court judgement overturning its policy on compensation for poultry culled due to bird flu infection.
Since 2017, the department has based its compensation policy on the premise that birds infected with bird flu have no value.
The judge rejected this argument and ordered the department to reassess a farmer’s 2021 claim on the basis of a fair market value.
The implications are huge, explains advocacy group FairPlay, because millions of chickens have been culled in three outbreaks, the worst of which was last year, when more than ten million chickens were culled.
Izaak Breitenbach of the SA Poultry Association (Sapa) told News24 that the government could face compensation claims from farmers who had previously submitted unsuccessful claims, as well as new claims.
He said the 2023 outbreak of the disease alone had cost the poultry industry an estimated R9.5 billion, and that claims against the department for the value of birds culled during this particular outbreak would probably amount to about 30% of that total.
The extent of the claims would no doubt if they included compensation for replacement of flocks for farmers who "lost a lot of money", said Breitenbach.
New agriculture minister John Steenhuisen has a busy schedule ahead.
