WESTERN CAPE. – More than two years after the Al Kuwait death ship docked in Cape Town's harbour, the state has decided not to prosecute anyone criminally. The ship with approximately 19 000 cattle on board had caused an unbearable stench to hang over Cape Town at the time and triggered major public outrage over the conditions on board.
The National Council of animal welfare bodies (NSPCA) has confirmed that the Acting Director of Public Prosecutions (DPP) in the Western Cape has decided not to proceed with criminal proceedings against the ship's captain, the veterinarian who served on board, or Livestock and Trading Company KSC.
Jurisdiction, not a lack of animal suffering
According to the NSPCA, the decision does not relate to a finding that no animal suffering took place, but to practical and jurisdictional obstacles.
The captain and veterinarian are not currently in South Africa and the alleged offences do not qualify under the Extradition Act as offences for which they can be extradited to South Africa. According to the DPP, the company also has no directors or representatives within South African jurisdiction who can be held accountable here.
The criminal case was opened in April 2024 by the NSPCA, in collaboration with the Cape of Good Hope SPCA, following the inspection of the Al Kuwait in February that year.
What happened in February 2024
Nuusflits reported extensively on the ship at the time. The first reports followed after a putrid smell spread over Cape Town and the animal welfare body confirmed that the Al Kuwait was in the harbour with 19 000 cattle being transported from Brazil to Iraq.
Photographs that were later released of the conditions on boardshowed why the ship earned the nickname
Nuusflits was also at the protest action on the Taliep Petersen bridge where animal lovers protested against the conditions in which the cattle were being transported.
The Al Kuwait ultimately left Cape Town harbour on 20 February 2024 and continued its journey to Iraq. Following its inspection, the NSPCA said there was an extreme buildup of faeces and urine and that animals had no choice but to rest in their own waste.
Prosecution can be resumed later
Now, more than two years later, the NSPCA says it believes the available evidence could prove that the animals suffered greatly, but that the South African legal system cannot force a foreign captain or company to answer here if they do not re-enter the country.
The case is not necessarily concluded, however. According to the NSPCA, the DPP has indicated that prosecution can be reinstated if the captain or the veterinarian concerned re-enter South Africa.
NSPCA wants end to live port export by ship
The organisation says the outcome highlights one of the biggest problems with the transportation of live animals by sea: accountability is divided between different countries, foreign crew members, companies and international waters.
The NSPCA maintains its position that the export of live animals by ship must be ended and believes it is almost impossible to properly ensure animal welfare during such long sea voyages.
Read also
- Putrid smell over Cape Town as a result of 'ship of death' – animal welfare body
- WATCH: Photographs of cattle on 'death ship' not for sensitive readers
- Protest action today over 'death ship' with cattle
- Nuusflits at protest action for cattle
- Al Kuwait with cattle leaves Cape Town harbour
Source: NSPCA
This article is an automatic English translation of a Nuusflits article originally published in Afrikaans. Read the Afrikaans original.
