‘Reprehensible failure' — NSPCA files criminal charges against Daybreak Farms directors
More than one million chickens died or suffered prolonged distress at Daybreak Farms amid what officials are calling a systemic collapse in basic animal care.
The charges come after weeks of high-profile legal action, public outcry and disturbing revelations from multiple investigations into the company's broiler operations. The National Council of SPCAs (NSPCA) now seeks criminal accountability for what it describes as 'a grave and morally reprehensible failure'.
The council's senior inspector Nazareth Appalsamy, who heads the Farm Animal Protection Unit, said the law compels the NSPCA to value every animal individually.
'To witness the suffering of one animal multiplied by a million is not just a disaster – it's a grave and morally reprehensible failure.'
According to the NSPCA's formal statement released on Friday, on-site investigations revealed chickens suffering in scenes reminiscent of disaster zones: birds cannibalising one another, open wounds left untreated and animals too weak to move. The scale of neglect was matched only by the visible breakdown in operational control across Daybreak facilities.
Photos taken during inspections – now widely circulated online – depict rows of emaciated birds crammed into overcrowded sheds, some lying motionless, others pecking desperately at carcasses.
The NSPCA's evidence dossier reportedly contains documentation of mass starvation events, inadequate or absent veterinary oversight and intentional inhumane culling methods. 'This is not misfortune,' said one official. 'It's systemic abuse.'
Court steps in
On 23 May 2025, the Gauteng Division of the High Court in Johannesburg made an interim order compelling Daybreak to comply with urgent animal welfare directives.
In a scathing ruling, the court stated: 'The urgency was necessitated by the collapse of Daybreak's responsibility to appropriately care for the chickens in their possession and under their control.'
The court cited 'financial mismanagement of the available funds' by the company's leadership. As part of the judgment, Daybreak was ordered to cease inhumane culling immediately, provide adequate nutrition to all remaining birds, halt all new chick placements until the NSPCA deemed conditions appropriate and provide inspectors with full access and a comprehensive resolution plan.
Despite the ruling, the NSPCA has warned that meaningful accountability remains elusive. Though the court awarded legal costs in their favour, the organisation now fears it may never recover those funds: shortly after the judgment, Daybreak announced it was entering voluntary business rescue proceedings.
Business rescue
In the eyes of many observers, Daybreak's move into business rescue – a legal process similar to bankruptcy protection – only deepened concerns over the company's transparency and financial conduct.
As reported by Daily Maverick on 23 May, Daybreak's sudden shift into business rescue raised red flags about possible attempts to shield decision-makers from the full financial fallout of the crisis. The Public Investment Corporation (PIC), which owns a controlling stake in Daybreak, faced mounting pressure to explain how such a collapse was allowed to unfold on its watch.
Daybreak's financial woes appear deeply intertwined with the animal welfare catastrophe. Feed shortages, for example, were not caused by logistical blockages but, according to the NSPCA, by a failure to allocate sufficient funds for procurement. As a result, birds were left to starve, and workers were forced to cull tens of thousands of chicks without the tools or training to do so humanely.
Human costs
Beyond the birds, human suffering has also come into focus. Daily Maverick's reporting from early May included interviews with Daybreak workers at its Delmas operation, who described despair, intimidation and, in some cases, retaliation for speaking out.
Some workers at the farm told Daily Maverick they lack the necessary farming experience to help save the company.
One employee told us: 'We didn't even know what to say anymore. You can't just keep quiet when you see animals suffering like this. But when we tried to raise it, it was like nobody at the top was listening.'
Amid the scandal, board chairperson Bojane Segooa resigned and reportedly received a R625,000 payout. The timing of her departure – days after the high court's intervention – fuelled public anger. Though a new board has since been installed, many within the NSPCA and broader civil society remain sceptical that meaningful reform will occur.
A crisis of governance
Daybreak's collapse is more than an isolated corporate disaster – it is also a test of South Africa's welfare regulatory and enforcement systems. The NSPCA, which receives no government funding, has now spent more than R580,000 responding to the Daybreak emergency. These costs include transport, shelter setup, biosecurity measures and extensive staff hours.
The organisation says it will continue to work with the South African Police Service and the National Prosecuting Authority to ensure criminal charges are pursued. However, without government support or clear political backing, the path to justice remains uncertain.
'This cannot be swept under the rug,' said one inspector involved in the case. 'We are talking about a million sentient beings who suffered because no one took responsibility. If there are no consequences for this, what does that say about the value we place on life?'
Public response
Civil society organisations have begun to mobilise around the case. An open letter signed by 16 conservation and food justice groups was delivered to the agriculture minister last week, demanding that the state undertake a full audit of Daybreak's practices and provide emergency support to the NSPCA.
The letter warns that, if ignored, 'this crisis will repeat itself – not just at Daybreak, but across an industry where enforcement is weak, funding is scarce and animals are treated as numbers on a balance sheet'.
For the NSPCA, the criminal charges represent a turning point. After weeks of being on the defensive – rushing from farm to farm, providing aid to surviving animals and navigating legal landmines – it now seeks to push the matter into the courts.
'We owe it to these animals,' said Appalsamy. 'We owe it to the public. And we owe it to the future of farming in this country.' DM
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The South African
an hour ago
- The South African
Taxi industry under siege by criminals says Santaco
The president of the South African National Taxi Council (Santaco), Motlhabane Tsebe, has said the taxi industry is under siege from criminal elements. Tsebe addressed the media in Johannesburg on Tuesday following the killing of a 27-year-old e-hailing driver at Maponya Mall last week. Four unknown men allegedly killed the driver, torched his car, and injured two other people in the attack. Although many blamed the taxi industry for the violence, Tsebe insisted that criminals were behind the killing. 'We must admit this criminality that is committed in our name. We humbly ask for prayers in the community as we are facing infiltration by criminals as we are cleaning up the industry,' he said. Tsebe stressed that Santaco has a zero-tolerance approach to violence. 'Santaco will immediately expel any operator, driver, or member involved in the attack or any act of violence. This is not just a talk shop; it is a promise. Enough is enough,' he said. He urged communities to report law-breaking taxi operators to the police. 'Violence is a crime and crime has no place in the taxi industry and the South African community,' Tsebe said. Tsebe revealed that Santaco would assist with funeral arrangements for the slain driver. 'I sent my team to speak to the family, to ask them if they would give us that right to take the body from Gauteng to KZN and also to bury the body,' he said. He confirmed that the industry would cover the undertaker's costs. Santaco is planning a day of prayer at Maponya Mall after the funeral. 'We also spoke to Soweto ministries because we need divine intervention in this regard. We are sending a team to the hospital to check on those still recovering, and then after that, we will do a prayer day at Maponya Mall,' Tsebe said. Tsebe noted that the outrage directed at the taxi industry comes as Santaco prepares to test a cashless system for paying taxi fares. Let us know by leaving a comment below, or send a WhatsApp to 060 011 021 1. Subscribe to The South African website's newsletters and follow us on WhatsApp, Facebook, X, and Bluesky for the latest news.
The Citizen
3 hours ago
- The Citizen
Rhino horn trafficking network: 6 appear in Pretoria court
Six suspects appeared in the Pretoria Magistrate's Court today in connection with a scheme involving the trade of 964 rhino horns destined for illegal markets in Southeast Asia. Investigations revealed the suspects allegedly defrauded the Department of Forestry, Fisheries and the Environment (DFFE) by securing permits under false pretences to buy and sell rhino horns domestically, while funnelling them into illegal international markets. Under South African law, domestic trade is permitted with a valid DFFE-issued permit in terms of the National Environmental Management: Biodiversity Act (Nemba) 10 of 2004. International commercial trade in rhino horn is banned under the Convention on International Trade in Endangered Species of Wild Fauna and Flora. 'After a seven-year investigation, the Wildlife Trafficking Section of the Serious Organised Crime Investigation Unit has dismantled a major transnational rhino horn trafficking network. 'The six suspects, between the ages of 49 and 84, face charges of fraud, theft, and contravention of the Nemba, with additional charges of racketeering and money laundering under consideration,' the department said. The six suspects, five men and one woman, surrendered to the Hawks at Sunnyside Police Station. The Minister of Forestry, Fisheries and the Environment, Dr Dion George, has hailed the arrests as a decisive victory in South Africa's fight against international wildlife crime. 'This complex investigation, which was also supported by the enforcement unit of the department (the Green Scorpions) and the National Prosecuting Authority, is a powerful demonstration of South Africa's resolve to protect its natural heritage. 'The Hawks' work shows that our enforcement agencies will not hesitate to pursue those who plunder our wildlife for criminal profit. The illegal trade in rhino horn not only destroys biodiversity but also undermines the rule of law and the foundations of environmental governance,' the minister said. – Breaking news at your fingertips… Follow Caxton Network News on Facebook and join our WhatsApp channel. Nuus wat saakmaak. Volg Caxton Netwerk-nuus op Facebook en sluit aan by ons WhatsApp-kanaal. Read original story on
The Citizen
4 hours ago
- The Citizen
Competition Commission tells ConCourt rand manipulation saga similar to cartels
Advocate Tembeka Ngcukaitobi argued there is enough evidence to establish a prima facie case of rand manipulation. The Competition Commission on Tuesday told the Constitutional Court (ConCourt) there is evidence that several banks colluded to manipulate the South African rand. Over the next four days, the ConCourt is set to hear arguments in a leave to appeal application brought by the commission after it lost in the Competition Appeal Court (CAC) in January 2024. The case dates back to 2017, when the commission referred a complaint against 28 local and international banks to the Competition Tribunal. ALSO READ: Standard Chartered admits it manipulated the rand, agrees to R42 million fine The complaint alleged that, between 2007 and 2013, banks manipulated the foreign exchange rate between the US dollar and the rand by sharing sensitive information through messaging platforms. Two banks – Citibank and Standard Chartered – have already admitted their involvement, paying fines in 2017 and 2023 respectively. Thirteen banks remain in the appeal case, including JP Morgan Chase Bank, HSBC Bank, FirstRand Bank, Nedbank, Standard Bank, and Bank of America. Competition Commission likens rand manipulation saga to cartels On Tuesday, Advocate Tembeka Ngcukaitobi, representing the Competition Commission, argued that the CAC erred in finding that there was a lack of evidence and the commission had no jurisdiction over the foreign banks. The lawyer explained that competition authorities often find it straightforward to prosecute firms accused of cartel or collusive conduct because such agreements are usually clear. However, he told the ConCourt that the rand manipulation case represents a classic example of the evolution of cartels. Ngcukaitobi contended that cartels have evolved, becoming bigger, more sophisticated and transnational. READ MORE: Is Trump weaponising dollar against South Africa? 'Not only do the cartels not respect territorial borders or nationalities, they also do not respect any product in pursuit of profits. 'The courts would have read many cases of cartels… people are fixing the price of the selling of oranges or the selling of bananas. There are many judgments like that in the European Court of Justice.' He stressed that this case is 'something unique', as the banks allegedly targeted South Africa's sovereignty in what he called a 'perverse scheme driven by profit motives'. 'For this reason alone, the judicial institutions of South Africa are the only institutions across the world that have a legal interest in the prosecution of this cartel; at the heart of it is the rand.' Prima facie evidence Ngcukaitobi also argued that the CAC had already found there was enough evidence to establish a prima facie case of rand manipulation. 'The finding of the CAC is that the pleading contains enough evidence that the rand was manipulated, but it attributes that conduct to four banks and not the 27 that were initially cited.' He further pointed out that some of the same individuals accused in South Africa had already been convicted abroad. 'The CAC was not the only court that found enough evidence to show a prima facie case of the manipulation of the rand. READ MORE: How the rand was fiddled 'The authorities of the United States have convicted traders… the same players who are prolific here of the same offence of manipulating the exchange rate involving the rand and the dollar.' While acknowledging that some issues will still need to be tested at trial, Ngcukaitobi said the commission is asking the ConCourt to endorse some of the CAC's findings – particularly that there was a single overarching conspiracy involving several banks to manipulate the rand. 'We also bear in mind that you will be following what other jurisdictions have already done to enforce competition laws in the prosecution of cartel activity which involves the manipulation of the rand and the dollar.'
