GQEBERHA – A legal dispute between the Animal Anti-Cruelty League (AACL) Port Elizabeth and the Nelson Mandela Bay Municipality (NMBM) over the operation of the municipal animal pound has been settled, with the settlement being made an order of the Gqeberha High Court following hearings on 31 March and 1 April.
The AACL brought an urgent interdict application against Busy Bees Service Providers (Pty) Ltd and the municipality, citing alleged animal welfare concerns at the facility. Animal Inspector Beverley Rademeyer deposed to the founding and replying affidavits on behalf of the organisation, noting that the organisation’s primary objective is “to promote kindness and prevent or suppress cruelty to animals.”
In its answering affidavit, acting City Manager Thabiso Mfeya opposed the application, stating that “the allegations are exaggerated, contextually misleading and in many instances factually incorrect.”
He further described the founding affidavit as “emotive, contains inadmissible hearsay and lacks objective substantiation.”
The dispute followed the expiration of the Uitenhage SPCA’s service-level agreement with the municipality on 27 October 2025.
Mfeya said, “This created an immediate service-delivery vacuum that prompted the procurement action,” leading to the appointment of Busy Bees on a six-month contract.
He also claimed, “The SPCA remained in unlawful occupation of parts of the municipal pound,” which impeded operations.
Rademeyer alleged non-compliance by the service provider, including: “kennel overcrowding, lack of veterinary care, severe kennel stress, inadequate water, bedding and enrichment, and failure to humanely euthanise irreparably suffering animals.”
She stated, “Warrants were executed and severely compromised animals were seized as authorised, including on 21 March 2026.”
Mfeya challenged the AACL’s legal standing, arguing it “lacks locus standi” and had failed to use available statutory remedies.
He also disputed the urgency of the matter, stating the applicant had not shown it could not obtain substantial redress in the normal course. The municipality maintained it was supervising the service provider under a valid agreement and that minimum requirements were being met.
In her replying papers, Rademeyer rejected these claims, stating that unsupported assertions amounted to hearsay. She maintained that the AACL was properly authorised to act and accused the respondents of relying on urgency in procurement while denying urgency in animal welfare relief.
Busy Bees did not oppose the application and did not file papers. The parties subsequently reached a settlement, which was made an order of court.
Following the outcome, Rademeyer thanked Advocate Bruce Dyke SC and Bowden-Gilfillan & Scholtz Inc., stating they acted pro bono and showed “dedication and compassion” in “speaking on behalf of the most vulnerable in our Bay”.
Attorney Susan Bowden-Gilfillan said the legal team remained committed to animal welfare matters and to ensuring that concerns raised through lawful processes are addressed.
In a statement issued on 2 April 2026, municipal spokesperson Sithembiso Soyaya said the AACL and SPCA had failed in their bid to take over the municipal animal pound.
“The Municipality firmly opposed the application,” Soyaya said, adding that it demonstrated the case was based on “material misrepresentations, factual inaccuracies, and exaggerated claims that did not withstand legal scrutiny”.
He said settlement proposals from the AACL included the appointment of an AACL official to supervise pound operations and for the municipality to fund such oversight, as well as the appointment of the organisation’s legal representative as a paid facilitator.
“These proposals were rejected in full, as they sought to bypass lawful governance processes, undermine supply chain compliance, and transfer operational authority to external parties without any legal or contractual basis,” Soyaya said.
He added that the final settlement affirms that the municipality and its appointed service provider will continue managing the animal pound, and that no external organisation, including the AACL or SPCA, will supervise or interfere with pound operations.
“All existing animal care services will continue uninterrupted, including feeding, access to water, veterinary care, and facility maintenance,” Soyaya said.
He added that any visits by external organisations must follow proper protocols and provide reasonable prior notice.
“The outcome reaffirms a fundamental principle: that no organisation can bypass lawful municipal processes, including supply chain regulations, through litigation in order to secure operational control of public services,” he said.
Soyaya confirmed that the AACL and SPCA are not part of the operational management of the municipal animal pound.
ALSO READ: AACL raises alarm over pound standards
