Government warns legal threats may derail foot-and-mouth disease response

South Africa’s battle to contain foot-and-mouth disease has entered a new and contentious phase, with the Department of Agriculture warning that threatened court action by agricultural lobby groups could derail vaccine procurement, drain scarce resources, and jeopardise the country’s chances of regaining export-critical disease-free status.

The FMD crisis in KwaZulu-Natal has led to an urgent call for it to be declared a disaster in the province. 

Minister of Agriculture John Steenhuisen has raised concern following a legal letter from Saai, Sakeliga, and Free State Agriculture demanding that livestock owners be allowed to privately administer vaccines while threatening litigation against the state.

The department said the same groups are also running coordinated social media, WhatsApp, and SMS campaigns promoting the legal challenge, fundraising for court action, and using the outbreak to boost membership.

Foot-and-mouth disease is classified as a controlled animal disease under the Animal Diseases Act of 1984, placing strict legal obligations on the state.

Steenhuisen warned that the department is required to act within this framework, particularly during a serious outbreak that threatens the national herd and agricultural exports.

While the department acknowledged that any party may approach the courts, it said the timing and nature of the threatened litigation is deeply concerning, as it challenges the very legislation under which vaccines are being procured and the national response plan implemented.

The plan, announced earlier this month, was developed by a Ministerial Task Team comprising public and private sector scientists, veterinarians, and academics. According to the department, it is the first time in 30 years that South Africa has had a clear, time-bound road map to defeat foot-and-mouth disease.

The department said the state has administered two million vaccines sourced from the Botswana Vaccine Institute, while import permits for additional vaccines are being issued to private companies acting as local agents. Dunevax has received approval to import the Dollvet vaccine, and an import permit for the Biogénesis Bagó vaccine is expected shortly.

However, the department warned that this progress is now at risk. A court challenge could delay vaccine purchasing and rollout while officials await legal clarity. It could also force veterinarians and technical staff to divert attention from outbreak control to litigation, while funds earmarked for vaccines and personnel may be redirected to legal costs.

The department strongly rejected calls for unrestricted vaccine access, describing such proposals as reckless and contrary to established disease-control practice. It pointed to the “disastrous effects” of illegally imported vaccines in KwaZulu-Natal, which it said had already undermined biosecurity and heightened risk.

To regain “FMD-free status with vaccination” from the World Organisation for Animal Health, South Africa must demonstrate at least 12 months without virus transmission, supported by strict vaccination controls, surveillance, movement restrictions, and verifiable coverage. Without centralised oversight, the department warned, the country risks long-term damage to agricultural exports and the collapse of its vaccination strategy.

Steenhuisen said the private sector and industry bodies have been involved throughout the process, from the initial FMD lekgotla to the Ministerial Task Team and the newly formed FMD Industry Coordination Council. The department has also committed to working with private veterinarians and animal health technicians during the rollout.

Issuing a direct warning to farmers, Steenhuisen said: “We urge the farming community to be wary of promises by lobby groups attempting to profit from the hardships farmers are currently enduring. These actions threaten a scientific framework designed to ensure the country wins the war against FMD once and for all.”

He stressed that unity and speed are now critical. “Now is not the time for distraction: what we need now is a united and full focus on dealing with the current crisis and rolling out with scale and fast track our national strategy on Foot and Mouth Disease containment,”he said.

“This is the way we will win the war against FMD.”

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