Sakeliga, the South African Agriculture Initiative (SAAI), and Free State Agriculture have issued a formal legal demand to Agriculture Minister John Steenhuisen, pressing his department to clarify whether private parties may vaccinate livestock against foot-and-mouth disease (FMD) without state interference.

In a letter sent to the minister, the three lobby groups demand written confirmation that livestock owners and the private sector may procure and administer FMD vaccines based on their own risk assessments, without being blocked by government gatekeeping or administrative delays. They argue that existing legislation and regulations do not contain any direct prohibition on private individuals vaccinating their own animals.

South Africa is currently experiencing an outbreak of FMD, a disease that can have a devastating effect on hooved animals, including domestic animals, such as cattle, sheep, and goats. It is not a food safety risk to humans, but it can cause serious economic harm if not controlled. Outbreaks can reduce meat production, restrict trade, threaten jobs, and damage farming communities.

The three organisations have given the minister, the Department of Agriculture, and the Chief Director of Veterinary Services until close of business on Friday to respond. If the state disagrees with their interpretation, they are demanding that the minister explicitly set out the alleged legal impediments in writing, with full reference to the statutory provisions or regulations relied upon, and that he provide copies of any documents claimed to have legal force.

The groups say allowing private vaccination would complement, not undermine, existing state efforts to contain the disease.

The Common Sense has previously reported on governmental failures that have led to the current outbreak of the disease and that it could pose a threat to South Africa’s social stability.

The move follows Sakeliga’s announcement last week that it would take action against what it describes as government obstruction of effective responses to the FMD outbreak.

Sakeliga said last week that although government officials describe FMD as a “state-controlled disease”, the reality in many areas is that outbreaks remain unmanaged. The group said restrictions imposed by the Department of Agriculture and related agencies on accessing, trading, distributing, and administering vaccines were slowing down efforts to contain the virus instead of helping. Sakeliga also pointed to other serious animal diseases that are successfully controlled through private-sector initiatives as examples of what is possible.

Sakeliga, SAAI, and Free State Agriculture also argue that sufficient vaccine supplies are available for import and that suppliers are willing to service the private sector. According to the trio, private participation would allow for faster, decentralised, and wider vaccination coverage. Given what they describe as the department’s failure to contain the outbreak and to vaccinate livestock in affected areas, they say it would be irrational to prevent livestock owners from vaccinating at their own initiative.

Across the South African economy, a clear pattern has emerged whereby state failure to deliver a service has triggered private sector intervention to mitigate the consequences. For example, in policing, the failure of the state to manage criminal violence saw the rise of a private security industry that is now four times the size of the South African Police Service. The poor performance of the state-owned railways led to a vast increase in the volume of freight carried privately on the country’s roads. Eskom’s failures led directly to the installation of a vast quantum of solar rooftop electricity. To manage the FMD outbreak, the state is going to have to accept that the same pattern must play out in commercial agriculture.