The National Council of SPCAs (NSPCA) has laid criminal charges against the board of directors of Daybreak Farms, following what it has called one of South Africa’s worst recorded mass animal welfare disasters, with over a million chickens dead or dying under alleged inhumane and unlawful conditions.

The NSPCA confirmed on Thursday it had filed a criminal docket with police, accusing the poultry producer’s leadership of gross negligence, systemic mismanagement, and multiple violations of the Animal Protection Act.

In a damning statement, the organisation said its inspectors uncovered “overwhelming evidence” of a total collapse in animal care across multiple Daybreak facilities.

Chickens were allegedly found starving, suffering from untreated injuries, and in some cases, resorting to cannibalism due to extreme overcrowding and prolonged neglect.

“The law compels us to value every single animal individually,” said Senior Inspector Nazareth Appalsamy, manager of the NSPCA’s Farm Animal Protection Unit.

“To witness the suffering of one animal multiplied by a million is not just a disaster, it’s a grave and morally reprehensible failure.”

Site visits by the NSPCA were described as harrowing. Inspectors reported scenes of mass death, with birds dying slow, painful deaths, others lying with gaping wounds, and many unable to move. The organisation has described the situation as a “massacre”.

The criminal complaint follows a recent Gauteng High Court ruling that made final an urgent interim order against Daybreak Farms.

The court found that the company’s leadership had “failed in their legal duty of care” and cited “financial mismanagement of the available funds,” which endangered the lives of the animals in their possession.

“The urgency arose from Daybreak’s failure to care for the chickens in their possession,” the ruling stated.

The final court order compels Daybreak to stop all inhumane culling, provide adequate feed and veterinary care, halt new chick placements unless the NSPCA deems it safe, and grant full access to its facilities for compliance monitoring.

The company was also ordered to pay the NSPCA’s legal costs.

However, efforts to enforce the court’s directives have been complicated by a new development. On May 20, 2025, Daybreak voluntarily entered business rescue proceedings, a move the NSPCA fears could obstruct both enforcement and the recovery of more than R580,000 it spent on emergency operations.

“This is not only a legal and ethical failure, but also a financial one,” said the NSPCA.

“Despite a High Court ruling in our favour, our ability to recover costs has been compromised by Daybreak’s sudden entry into business rescue.”

In response, Daybreak Foods issued a media statement confirming the appointment of veteran restructuring specialist Tebogo Maoto as its Senior Business Rescue Practitioner (BRP).

Maoto, formally appointed on May 22, has been tasked with stabilising operations and developing a turnaround strategy.

Daybreak’s interim board chairperson, Dr Charlotte Nkuna, said: “We welcome the appointment of the BRP as part of a collective effort, together with the Public Investment Corporation, to rescue the company and save approximately 2,800 jobs.”

Under Section 133 of the Companies Act, Daybreak now benefits from a temporary legal moratorium that protects it from enforcement actions, while the BRP and board prepare a rescue plan addressing its financial crisis.

The NSPCA, which depends on public donations and limited funding, is now appealing for urgent financial support to continue its monitoring and legal efforts.

Operational costs continue to mount as inspectors remain on-site to oversee animal welfare and ensure compliance with the court’s directives.

“We urgently appeal to the public, the private sector, and compassionate individuals to assist us in holding Daybreak accountable and in preventing further suffering,” the organisation said.

Daybreak, once considered one of the country’s leading poultry producers, has yet to respond publicly to the NSPCA’s criminal allegations.

Although the company has previously faced questions over governance and financial management, including links to politically connected individuals, this is the first time it faces both a High Court judgment and criminal charges related to mass animal welfare violations.

The matter is expected to progress through both criminal and civil courts. It could potentially set a legal precedent regarding corporate accountability for large-scale animal deaths in South Africa.

“This is not just about Daybreak Farms,” said Appalsamy. “It is about ensuring that no entity, no matter how large, is above the law when it comes to the ethical treatment of animals.”

Members of the public who wish to support the NSPCA’s efforts can make donations via its website or through EFT to its Standard Bank account (Account number: 220 639 744, Branch code: 051001).

mandilakhe.tshwete@inl.co.za 

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