NSPCA secures urgent court order against Daybreak Foods over inhumane culling practices

The National Council of SPCAs (NSPCA) has obtained an urgent court order against Daybreak Foods, compelling the company to cease inhumane culling practices and provide adequate care for hundreds of thousands of breeder birds at risk of starvation and suffering. 

The interim order was granted by the Gauteng Division of the High Court, Johannesburg court today. 

The urgent application, launched by the NSPCA on Friday, 9 May, follows a catastrophic welfare emergency currently unfolding at two of Daybreak’s breeder farms in Bela-Bela and Mookgopong. 

An estimated 594,000 birds are at immediate risk of starvation, suffering from cannibalism, injuries, and prolonged neglect due to insufficient feeding and inhumane culling practices.

The NSPCA in court papers said Daybreak had failed to disclose the conditions at two remote breeder farms, despite being fully aware that similar animal welfare collapses had already occurred at their broiler farms in April and May.

"The lack of transparency from Daybreak directly delayed the NSPCA’s ability to intervene sooner. We only became aware of the breeder crisis through a whistleblower on May 7, prompting immediate action. Without this internal tip-off, the suffering of these animals would have remained hidden."

The NSPCA uncovered that Daybreak had deployed untrained casual staff to “kill” compromised breeder birds by violently swinging them by the head – a method both inhumane and illegal.

Unlike smaller broiler birds previously involved, breeder birds weigh between 3.5kg and 5kg, rendering standard cervical dislocation methods ineffective and deeply traumatic to the birds.

In a statement the NSPCA said despite previous interventions, Daybreak had failed to take meaningful corrective action and it was left with no choice but to turn to the courts for immediate relief.

The order, granted by the High Court, instructs Daybreak to:

• Immediately stop all inhumane culling methods;
• Provide adequate, species-appropriate feed for all birds;
• Cease all breeding and placement of chicks or birds at any affiliated facilities;
• Provide a timeline and strategy to address and resolve this ongoing crisis.

“This is not just a failure of farming practices – it is a collapse of basic ethical standards,” said Senior Inspector Nazareth Appalsamy. “The breeder birds are not only starving, they are suffering immensely. Daybreak must now comply lawfully, or face contempt of court proceedings.”

The court also confirmed that the NSPCA has unfettered access to Daybreak’s facilities.

The NSPCA has deployed its entire Inspectorate to the affected breeder sites to alleviate the suffering of compromised birds and ensure that humane interventions are urgently carried out. The deployment is logistically and emotionally taxing, particularly given the sheer number and size of the animals involved.

The crisis places a significant financial burden on the NSPCA. As a non-profit organisation, the cost of mobilising staff, transport, equipment, and resources for an operation of this scale is immense, yet necessary to prevent unimaginable suffering.

"We extend our greatest thanks to Advocate Samantha Martin and Gittins Attorneys for standing with us and the animals in Court, as well as to the Mokopane, Polokwane, and Tshwane SPCAs for assisting in this disaster," read the statement.

The NSPCA will return to court on May 13, where Daybreak will need to explain why the relief should not be made final. The NSPCA remains committed to upholding its mandate to protect all animals in South Africa and will continue to monitor Daybreak’s compliance with the court’s order.

SUNDAY TRIBUNE