In an order made on 24 March 2026, in the matter brought by Sakeliga, the Southern African Agri Initiative and Free State Agriculture, the court postponed the matter to 28 April 2026, but tied the postponement to strict conditions on government.
Minister ordered to publish FMD scheme
Central to the order is a directive that the Minister of Agriculture (First Respondent) must promulgate and publish the intended animal health scheme for FMD in the Government Gazette by no later than 17 April 2026.
The scheme must be issued in terms of Section 10 of the Animal Diseases Act and/or any other relevant regulation or publication, effectively forcing government to formalise the FMD vaccination framework that has been the subject of intense industry concern.
The case comes in the wake of an FMD outbreak that began in July 2025 and, eight months later, continues to disrupt livestock production, movement, and trade while farmers and veterinarians complain of confusion and delays around mass vaccination.
State given dates to tidy its case
While the main application is not yet decided, the court has allowed all parties to update their papers once the scheme is published.
- The Minister, Director General of Agriculture and Director: Animal Health (First to Third Respondents) must file any supplementary affidavits or documents on or before 22 April 2026.
- All other parties, including the applicant farmer organisations and the remaining respondents (among them the Minister of Health, South African Health Products Regulatory Authority, Onderstepoort Biological Products and the Agricultural Research Council), must file their supplementary papers by 24 April 2026.
This sequencing is designed to ensure that government first places its formal scheme on record, after which all sides can respond to its contents ahead of the April hearing.
Government hit with wasted costs
In a further blow to the state, the court ordered the Minister of Agriculture, the Director General, and the Director: Animal Health to pay the applicants’ wasted costs for the 24 March 2026 hearing.
The three officials are held jointly and severally liable, meaning any one of them can be pursued for the full amount, with the others to be absolved once payment is made. The costs are awarded on a party-and-party, Scale C basis, and explicitly include the costs of two counsel where employed – a strong indication of the court’s displeasure at how the matter was allowed to reach an unproductive hearing.
High-stakes context for FMD control
The order lands in a high-stakes environment for animal health governance. The applicants argue that the slow formalisation of the FMD vaccination scheme, together with regulatory and coordination failures, has hampered an effective national response to the outbreak and exposed farmers, value chains and export markets to prolonged risk.
By compelling the Minister to publish the animal health scheme within weeks – and penalising the state with wasted costs – the High Court has signalled that further delays in regularising South Africa’s FMD vaccination programme will not be tolerated. The matter is set to return to court on 28 April 2026, by which time the legality, content and practicality of the FMD scheme will be under far closer judicial and public scrutiny.
