Exotic birds will not be culled
2006-09-01 18:09
Pretoria - The department of agriculture was "unreasonable" and, "without good grounds", when it wanted to cull birds on an exotic bird breeder's farm outside Pretoria, the High Court found on Friday.
A full bench of the court set aside an earlier decision by the court that would have seen Hilko Insel's birds worth R2m culled because they might have avian flu.
Insel brought the application to stop the culling, but the department dropped its opposition to the application after two separate tests done by Onderstepoort Veterinary laboratory and in Stellenbosch found that the birds did not have bird flu.
800 birds dead
The department earlier ordered the culling of the birds and quarantined Insel's farm when it was found that he bought exotic water birds hatched from eggs smuggled into the country.
He did not know the eggs were smuggled into the country.
"I'm very glad it seems to me that there are still some justice in the courts.
"It is just sad that 800 birds had lost their lives before any tests could be done on them," said Insel.
He said it was a traumatic experience for him, his wife and their work force who stood to lose everything.
"I hope the quarantine can now be lifted because all the birds were tested and the tests were negative," he said.
Department officials at the court did not want to comment on the outcome of the case.
The court also ruled that the department had to bear the costs of the case.
- SAPA