Judgment reserved in NSPCA versus Daybreak Farms animal cruelty case

Judgment in the animal cruelty and rights matter between the National Council of SPCAs (NSPCA) and Daybreak Farms has been reserved following a day filled with heads of argument between the two parties before the Gauteng High Court sitting in Johannesburg on Tuesday afternoon.

Judge J Reid, following the presentation of heads of arguments from both parties, reserved the judgment until Friday, May 16.

"Judgment in this matter has been reserved for Friday, 16 May and will be handed down on the day and I understand the submission by Ms Martin to be her version or her interpretation and not to be the factual statement,' Judge Reid said.

On Saturday, Judge Reid had given an interim order which sought to stop Daybreak from any inhumane culling methods; provide adequate, species-appropriate feed for all birds; cease all breeding and placement of chicks or birds at any affiliated facilities; and provide a timeline and strategy to address and resolve this ongoing crisis.

This comes after an urgent application, launched by the NSPCA on Friday, 9 May 2025 following various reports of animal cruelty, cannibalism and unethical culling of more than 594,000  chickens who had faced immediate starvation and prolonged neglect due to insufficient feeding and inhumane culling practices.

Speaking before the court on Tuesday and representing the NSPCA, Advocate Samantha Jane  Martin accused  the two state entities (Daybreak as first respondent ) and the Public Investment Corporation (PIC) which owns Daybreak, as the second respondent of failing to disclose the conditions at these two remote breeder farms, despite being fully aware that similar animal welfare collapses had already occurred at their broiler farms in April and May 2025.

"We are not a bank or a credit institution. This is animal welfare matter and the cashflow problems at Daybreak is one of many red herrings that have been brought where a state entity has had an ongoing cashflow and management problems that have led to the crisis of cannibalism and inhumane culling of animals

"It is precisely this lack of transparency from Daybreak that directly delayed the NSPCA’s ability to intervene sooner. We only became aware of the breeder crisis through a whistleblower on 7 May 2025, prompting immediate action. Without this internal tip-off, the suffering of these animals would have remained hidden," said Martin.

Speaking on behalf of the first and second respondents, Advocate Bonga Makhoba argued that parts of the interim order should be withdrawn as the entity has already complied with some of the orders.

"The issue of culling and insufficient funding are issues that must be urgently addressed. There is a way to resolve this which is contained in the order itself. There is a commitment to both the short to medium term and a turnaround strategy and also a commitment to a long term solution to all these challenges. At the moment, the birds are no longer facing starvation and the permanent employees are back to work,' Makhoba stated.

Meanwhile, Daybreak's CFO Aubrey Dali has retracted his resignation and the board has accepted his decision. Dali resigned last week with immediate effect after being stripped of his powers.

In a letter to staff on Monday, the board said Dali had decided to continue in his role.

“We value his contributions to our team and are confident that his return will bring stability and continuity to our financial management.”

siyabonga.sithole@inl.co.za