FMD Ruling: Minister Forced to Table Clear Vaccination Plan

Free State Agriculture (FSA) welcomed the urgent ruling by the Pretoria High Court, which compels the Minister of Agriculture to finalise a scheme allowing private vaccination against foot-and-mouth disease (FMD). This is a significant shift from his department’s previous position.

According to Francois Wilken, president of FSA, the court ordered the Minister to promulgate the scheme – which was submitted to the court at the last minute – by 17 April 2026 and the matter was postponed to 28 April 2026. The Minister was also ordered to pay costs, with the court sharply criticizing delays and last-minute submissions by the Department of Agriculture.

This development follows an urgent application brought by FSA, Sakeliga and SAAI to stop government from obstructing the private procurement and administration of FMD vaccines.

“Until today, the Minister opposed private vaccination, maintaining under oath that only state-directed vaccination by authorised officials was permitted. However, in a last-minute submission to the court, a draft scheme was introduced proposing — for the first time — that private vaccination may be conducted under the direction of private veterinarians and without direct state supervision,” said Wilken.

“This sudden shift confirms what we have argued all along — there is no lawful basis to prevent private-sector participation in FMD vaccination,”.

While the draft scheme is a step in the right direction, FSA is of the opinion that it remains incomplete and raises serious concerns. Provisions that centralise vaccine procurement and grant broad discretionary powers to the Minister risk perpetuating the very restrictions that have already caused severe disruption to the agricultural sector.

Court intervention brings accountability

“The fact that this proposal only materialised under litigation pressure is deeply concerning. Farmers cannot afford policy paralysis while the disease spreads and losses mount.”

The court’s intervention now places clear legal obligations and deadlines on the Minister — a critical step towards restoring certainty in the livestock industry.

FSA reiterates that private vaccination capacity is essential to combat the spread of FMD effectively. Delays, uncertainty, and interference in vaccine procurement have already resulted in significant production losses and increased risk across the sector.