High Court forces action as Minister’s delays continue in FMD case

Free State Agriculture (FSA) is extremely disappointed and frustrated by the latest developments in the ongoing foot-and-mouth disease (FMD) court case, where the Pretoria High Court, on 28 April 2026, was forced to impose strict deadlines and a punitive cost order against the Minister of Agriculture, John Steenhuisen, and his department following continued delays.

The court has now ordered that the long-delayed Section 10 vaccination scheme be finalised and published by 5 May 2026, with the matter set down for argument on 11 May 2026. In a clear indication of its dissatisfaction, the court also granted a punitive cost order against the respondents.

These developments form part of an ongoing urgent application brought by FSA, Sakeliga and SAAI to challenge the state’s obstruction of private-sector participation in FMD vaccine procurement and administration.

Francois Wilken, president of Free State Agriculture, expressed his frustration by saying that “despite the severe impact of foot-and-mouth disease (FMD) on farmers, agribusinesses and livestock, the Minister of Agriculture and his officials again attempted to delay urgent court proceedings. The lack of urgency and slow response by the department, is costing farmers millions and yet there seems to be no urgency!”

Wilken adds that the latest ruling follows a pattern of missed deadlines and shifting positions by the Minister, including multiple unfulfilled commitments to publish a workable vaccination framework.

Farmers cannot wait

FSA reiterates that there is no legal basis to prevent the private sector from playing a meaningful role in FMD vaccination. Continued delays and uncertainty are placing farmers, agribusinesses and food security at risk, while practical solutions remain unnecessarily restricted.

“The reality on the ground is that farmers are carrying the cost of inaction. Every delay increases risk, losses and uncertainty across the sector.”

Way forward

FSA remains committed to working alongside the provincial Department of Agriculture, which continues to drive the provincial vaccination programme despite limited resources.

Wilken concludes by saying that FSA and its partners will continue to pursue the matter in court to ensure that any final framework enables effective, immediate and practical disease control measures — including private-sector vaccination.