Avian flu judgment sets precedent on compensation over dead animals

The High Court judgment sets precedent for all future cases and officials must now regard animals as being in a ‘healthy’ state, even if they were later infected

June 26, 2024 at 08:00 am

Tauriq Moosa

Legal Reporter

The department of agriculture issued a vaccination permit to Astral Foods Limited on Monday. It authorises the company to begin vaccinating against the HPAI virus at one of its broiler breeder farms. Stock photo (Chayakorn Lot/123rf.com)

The department of agriculture, land reform and rural development has been criticised by the high court for refusing to properly compensate a farming company in George, after an avian flu outbreak resulted in about R31m loss of chickens and poultry products.

After instituting a claim, the department decided the compensation would be valued at “nil” but the Western Cape High Court said compensation in terms of the Animal Disease Act could not base compensation on the “yardstick” that animals are diseased and therefore valueless.

The judgment sets precedent for all future cases and officials must now regard animals as being in a “healthy” state, even if they were later infected.