Lawyers from across SA rally to defend Kariega SPCA as eviction looms

Lawyers from as far as Johannesburg have offered free legal support to the SPCA in Kariega in Nelson Mandela Bay, which faces eviction in under 30 days after the Nelson Mandela Bay municipality controversially awarded a contract for a new service provider to run the municipal pound following a short emergency procurement process in December.

The SPCA has been operating in Nelson Mandela Bay for the past 110 years, and from the Kariega premises for the past 50 years.

Also read: Remember when the Bay municipality said it had a fully functional pound? We decided to check

SPCA chairperson Deirdre Swift said that after the organisation indicated it might require legal assistance, she had received calls from 15 law firms, an attorney in Johannesburg and an advocate, all ready to help.

“We will take a decision as a matter of urgency soon on this issue,” she said.

Swift said they had not been informed of any plans to look after the animals, mostly stray cats and dogs, that are currently in the care of the SPCA. “I am so worried that suffering and cruelty will follow,” she said.

“The municipality’s defence is that we didn’t apply for the tender. But their time frames were totally unreasonable.”

She said that after they found out that a request for proposals had been issued under truncated time frames, they asked for an extension, but this was ignored.

The municipality refused to divulge the new operator’s business registration certificate and other information, telling her that it was confidential. Councillors have also struggled to get written information about the new operators.

“But they insist all is transparent,” said Swift. “We still have many questions. Who is going to look after the animals during the day? There was only one person here for the handover meeting. What will happen to all the animals once they pass the seven-day stray period? Are they just going to give them to people unsterilised?”

She said the SPCA had permission to put the animals up for adoption after seven days and to sterilise them.

“Also, who is going to euthanise animals if needed?” she asked.

On Wednesday, employees packed up decades of accumulated furniture, records and equipment and left the main brick-and-mortar building from where they had been operating. On Thursday, in searing summer heat, staff were running operations from blue cargo containers hastily repurposed as makeshift offices.

About 60 animals are still at the facility.

Animal welfare assistant Maryke Vermaak said the situation had left staff emotionally drained. “We are all experiencing a lot of mixed emotions. My heart is breaking,” she said, struggling to hold back the tears. “The way everything happened is not right. These poor animals.

“We are trying our best to give them only the best and to be a voice for them. It is shocking how the whole situation is being handled. It’s not fair to the animals, and certainly not to the staff working here, who give their best every day,” she said.

Her colleague Casey Kayster said, “It’s disappointing because I’ve only been working here for about [two weeks]. I still have so much to learn. As everyone knows, unemployment is a big problem in South Africa. Because I have a love for animals, especially dogs, I decided to join the SPCA. So now that these things are happening, it’s very disappointing.”

‘Absolutely horrified’

Among the lawyers who stepped forward is Susan Bowden-Gilfillan, director at Bowden-Gilfillan & Scholtz Inc, who said she was “horrified” by the eviction.

“I am a huge animal lover, any animal, whether it walks or crawls. I will always stand up for them,” she said. “The first post I read mentioned a 24-hour period to vacate, and I was absolutely horrified. As a municipality, as an organ of state, you are willing to put people into this moral dilemma without offering any solutions whatsoever.

“You are placing people in an impossible moral position. Without hesitation, such a short notice period was given to vacate. Yes, a 30-day extension was granted, but even so, where is someone expected to go with so many animals? These are animals with nowhere else to go.

“As a municipality, as an organ of state, you are willing to put people into this moral dilemma without offering any solutions whatsoever. I was horrified.”

Civic organisation AfriForum also criticised the abrupt timelines. Its Eastern Cape coordinator, Louis van der Vyver, described the situation as “absolute chaos”.

“You can’t even pack up your house in 48 hours,” he said. “Now they have to pack up their home, their office and the animals. It has since been extended to 30 days, and even that is not enough. It’s very unfair, because these people have been doing good work for over 50 years.”

Van der Vyver said society’s treatment of animals reflects its moral character.

“Today, we lose our empathy towards animals, and we just let them go. Next, we will do the same to people,” he said.

Municipality’s statement

The Nelson Mandela Bay municipality has, since 14 January, declined to answer any of Daily Maverick’s questions about the pound, including the shortened time frames and the emergency procurement procedure.

Instead, it issued a statement which read, “The Nelson Mandela Bay Municipality animal pound is open and ready to receive animals. This confirmation follows an assessment of the facility and engagement with the newly appointed service provider by the Member of the Mayoral Committee for Public Health, Councillor Thsonono Buyeye.

“The service provider was appointed in the first week of January 2026 following a thorough and compliant Supply Chain Management process as per regulations. The Municipal Pound will accommodate animals such as dogs, cats and livestock, including cattle, sheep, goats and pigs, that are found roaming illegally outside protected farming areas or beyond legally designated residential boundaries.

“Engagements with the Department of Agriculture and Veterinary Services to upgrade the pound and add a fully functional animal clinic at the pound precinct are at an advanced stage.

“Once the upgrades are completed, the clinic will be registered with the South African Veterinary Council. When the clinic is fully registered, it will operate accordingly; however, for now, a state veterinarian is available on call to attend to any animal health emergencies and assessments.

“Previously, the Municipality operated in partnership with the SPCA as a service provider, and we extend our appreciation for the great work they performed. The Municipality reiterates that according to the law, it is under no obligation to renew any contract or agreement as per government procurement regulations and laws.

“Additionally, the completion of an open, fair, transparent, and competitive bidding process has resulted in the appointment of a new service provider signalling a new era, which we are confident will ensure that the required Municipal pound services improve, and are operationally effective and efficient.

“We are pleased that the new service provider has moved in and is indicating readiness to work. I have also been briefed by officials about the experience of the current service provider, a briefing that has brought comfort that we will be providing a quality service to the people of this Metro.

“We know that these animals sometimes cause accidents, that there are occasional disease outbreaks, and that uncontrolled animal movements pose a serious health risk. As a caring Municipality, it is our responsibility to take care of vulnerable animals.”

The Democratic Alliance’s spokesperson for public health in the metro, Mthokozisi Nkosi, previously said there was only a temporary contract for the new service provider, completed according to emergency procurement procedures, while officials work on a contract for a three-year tender.

He said they had asked that the facts be clarified at an upcoming public health meeting, filed an emergency motion of public importance, and had written to the municipality asking for an extension of the eviction order.

Swift said that because of the municipality’s hostile attitude, they were hoping for enough financial support from donors to buy their own property for a pound, “so that we can never be held to ransom again”.

Anybody wishing to assist the SPCA can email Swift at deirdrev.swift@gmail.com. DM