- Farmers can vaccinate their livestock if they receive authorisation from the relevant animal health authorities.
- Applications that meet all requirements must be approved within five days. Farmers must notify veterinary officials before vaccination and submit reports afterwards.
- The settlement also states that certain government respondents and Onderstepoort Biological Products will no longer claim exclusive rights to import or distribute FMD vaccines.
The High Court in Pretoria has approved a settlement that allows livestock owners and managers to vaccinate their animals voluntarily against foot and mouth disease (FMD).
Judge C Collis made the agreement an order of court in the case brought by Sakeliga NPC, Suid-Afrika Agri Inisiatief NPC and Free State Agriculture against the Minister of Agriculture, the Director General of the Department of Agriculture and other respondents.
The settlement allows owners and managers of cloven hoofed livestock to vaccinate their animals if they are authorised by the Director of the Directorate of Animal Health under the Animal Diseases Act 35 of 1984.
Applicants must provide their personal details and confirm they have the necessary knowledge, experience, qualifications and equipment to store and administer the vaccine safely. Applications that meet all the requirements will be considered approved within five days. However, the director may withdraw authorisation if a farmer fails to comply with the conditions.
Farmers must notify veterinary officials
Farmers must notify the relevant Provincial Director of Veterinary Services or State Veterinarian in writing at least five days before vaccinating their animals.
The notice must identify the person who will administer the vaccine and provide details about the vaccination method, date and dosage, vaccine brand and the animals’ ages, genders and identifying marks.
Within 14 days of vaccination, farmers must submit a sworn declaration to the relevant veterinary authority confirming they have followed the required procedures.
The declaration must include proof of vaccination, details about how the vaccine was stored and kept at the correct temperature, the vaccine’s brand, batch number and expiry date, and information identifying the vaccinated animals.
The settlement does not allow farmers to manufacture or import vaccines. They must continue to follow the law and the conditions that govern vaccination.
Government vaccination programme continues
The agreement does not affect the government’s own FMD vaccination programme. The State may also make vaccines it has acquired available to the private sector.
The settlement also states that the Minister of Agriculture, the Director General of the Department of Agriculture, the Director of the Directorate of Animal Health and Onderstepoort Biological Products SOC Ltd give up any exclusive rights to import or distribute FMD vaccines and will not claim these rights in future.
The first three respondents and the specified government and other parties must pay the costs of the application on an unopposed party scale, jointly and severally, with the party that pays entitled to recover the costs from the others. The costs include one counsel. Each party must cover its own costs related to negotiating and preparing the settlement.
Settlement becomes a court order
The parties signed the settlement in Pretoria on 9 July 2026. Judge Collis made it a court order on 5 October 2026. The agreement allows any party to approach the court for an order related to its terms, as long as notice is given to the other parties.
Amendments must be recorded in writing and signed by or on behalf of the parties, unless the agreement is set aside, changed or suspended by a court with competent jurisdiction.
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