Farmers hail victory as judge slams FMD vaccine delays
· Citizen

The High Court in Pretoria has ruled that farmers may procure foot-and-mouth disease (FMD) vaccines from lawful importers, manufacturers or their lawful agents.
Southern African Agri Initiative (Saai) CEO Francois Rossouw hailed the judgment in the case against Agriculture Minister John Steenhuisen and other state institutions as a victory for all livestock and game farmers in South Africa.
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Saai calls judgment victory
Rossouw welcomed the finding by Judge Johann van der Westhuizen, who found the minister, his department and senior officials never had a valid defence, and were responsible for the monthslong delay in implementing an effective private-sector-led vaccination campaign, which caused hundreds of farms to collapse or suffer severe damage.
The judgment, issued on Monday, however, is an interim order, pending a review application to be brought by Sakeliga, Saai and the Free State Agriculture against the government’s prohibition of private FMD vaccine procurement and administration policy.
“After more than a year of the uncontrolled spread of this state-controlled disease, it finally offers hope the involvement and initiative of the private sector can provide the critical capacity needed to stop the disease,” Rossouw said.
FMD Response SA, an industry body of more than 250 farmers, also welcomed the judgment.
Its spokesperson, Andrew Morphew, said the ruling was a critical step in accelerating vaccination efforts needed to contain the spread of the disease.
FMD Response SA says 90% of KZN beef farmers lack vaccines
“The government’s stated goal is to vaccinate 80% of cattle by the end of December, despite the programme starting in February,” said Morphew.
“An 11-month vaccination programme is too slow to achieve the simultaneous immunity required to stop disease transmission and meet the World Organisation for Animal Health standards for controlling FMD.”
Morphew added it remains essential that vaccination takes place within a tight six-to-eight-week window so cattle develop immunity simultaneously and the virus stops spreading between herds.
“The prolonged amount of time it is taking to administer the vaccines is precisely why vaccinated cattle at three dairy farms in KwaZulu-Natal have become infected with the virus,” Morphew said.
The judgment does not create a free-for-all, or give farmers an automatic right to import vaccines themselves, he added.
Judgment doesn’t create free-for-all
“It confirms that farmers may procure and administer FMD vaccines that have been lawfully imported or lawfully manufactured, under auditable conditions.
“The key question now is whether lawful private importers, manufacturers and their agents will be allowed to bring vaccines into the country and make them available to farmers without unnecessary delay.”
Morphew said the government and SA Health Products Regulatory Authority must ensure that lawful private vaccine channels can operate at the speed and scale this crisis requires.
“FMD Response SA also notes there are credible reports that more than 90% of commercial beef farmers in KwaZulu-Natal have been unable to access state vaccines and cattle at commercial farms in the province remain unvaccinated.
“Reports such as this show precisely why the private sector needs to be able to administer vaccines with speed and scale,” he added.
Govt mustn’t stand in the way of private sector
It was essential the government does not stand in the way of the private sector importing FMD vaccines and selling them to private farmers, Morphew said.
Steenhuisen has noted the interim order relating to the procurement and administration of FMD vaccines.
The minister has reportedly noted the practical effect of the matter is now largely overtaken by the Gazette Section 10 animal health scheme, which already provides a lawful framework for participation by private industry role players in the national vaccination effort.
Steenhuisen said the department’s objective remains to vaccinate at least 80% of the national cattle population with two doses of vaccine as swiftly as possible.
The minister added that about 13.5 million FMD vaccine doses from local and international sources have been procured as part of the government’s intensified response to the outbreak.