The arrest of a 54-year-old man from Heilbron late last month, who allegedly refused authorised officials access to inspect his cattle for foot-and-mouth disease (FMD), has highlighted the legal obligations of farmers in control zones. The farm lies within 10km of a property where the disease had previously been confirmed.
Speaking to Farmer’s Weekly, Free State South African Police Service (SAPS) spokesperson Sergeant Josephine Rani said the Department of Agriculture requested that police assist with inspections.
“[SAPS] members were tasked with joining the operation, as is done with all law enforcement and policing collaborations,” she explained.
Rani said SAPS members were present in an observation role, and the farmer’s refusal to grant access to authorised animal health officials constituted a punishable offence, necessitating his arrest.
She added that the arrest was made under the Animal Diseases Act (No. 35 of 1984), and that Section 16 gives authorised officials extensive powers to enter land, inspect animals, take samples, seize property, and enforce movement controls to prevent the spread of controlled diseases such as FMD.
“[Farmers] must fully co-operate with inspections to ensure measures are in place so that the disease does not spread, and they must report possible outbreaks,” Rani said. She urged farmers to comply with inspections, verify officials’ credentials if necessary, and seek legal clarity rather than refusing access.
During an engagement session held by the Free State Department of Agriculture and Rural Development at Harry Gwala Multi-Purpose Hall in Sasolburg in early February, MEC for Agriculture and Rural Development Elzabe Rockman told Farmer’s Weekly that the province may be the first in the country to prosecute a farmer for denying state veterinarians access to his farm.
“[The farmer] appeared in court on 4 February, and the case has been postponed. Unfortunately, it has reached this stage. No one [should] prevent our state vets from accessing farms to test, monitor, or carry out surveillance,” Rockman said.
She described such incidents as rare and stressed that most farmers are co-operating.
“It is only in extreme, rare cases that we find farmers behaving like that. Even organised agriculture – [the African Farmers’ Association of South Africa], Free State Agriculture – actively encourages farmers to co-operate. District and local farmers’ associations give us solid co-operation.”
Constructive relationships are the norm
Rockman added that while disagreements sometimes arise, relationships with organised agriculture remain constructive.
“We are working towards one goal. We all want the Free State and the [country] to become FMD-free so that we can restore our trade position and give farmers the confidence to grow their industries. Ultimately, we cannot afford these risks to food security,” she said.
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