ARC vs SA Stud Book

In a verdict that could cause shockwaves throughout the stud breeding industry in South Africa, the high court has ruled that the INTERGIS database operated by the Agricultural Research Council (Landbounavorsingsraad) is the only legal national system where data of stud animals can be saved.

 

The original article in Afrikaans can be found in two places:

ARC vs SA Stud BookThe ruling by Judge Faan Hancke yesterday means that all data from animals to SA Stud Book‘s Logix system is now to be placed on INTERGIS (Integrated Registration and Genetic Information System).

In order to hold valid registrations certificates, all breed societies are now obliged to place all the data of animals registered with them on the INTERGIS system.

Judge Hancke found the ARC operates the only valid national database under the relevant law. This means that by operating the Logix system in competition with the INTERGIS system, SA Studbook is not complying with the law. SA Studbook never made an application to the registrar of the ARC system to operate their own database, said Judge Hancke.

He said if the ARC and Studbook do not solve their current dispute and hostility, they undermine the main objective of improving livestock production in the best interest of the country.

He said the current situation is untenable. On the one hand, the ARC is the only manager of the INTERGIS, the national database. On the other hand, most breed societies broke ties with the ARC to send their animals’ data to the Stud Book Logix system. It is time for the parties to get together and reach new agreements.

“There is no doubt that the lack of cooperation between the parties is not in the interest of the country.”

He ordered that SA Stud Book must also pay the legal costs.

Adv. Lucas van Tonder, SC, assisted by Adv. A.M. Heystek, acted on behalf of Phatshoane Henney attorneys for the ARC. Adv. Barnard Knoetze SC acted on behalf Emile Els of McIntyre and Van der Post attorneys for SA Stud Book.

Dr. Pierre van Rooyen, CEO of SA Stud Book, told Volksblad that Stud Book never had objections in principle to place the information of its members on the Intergis system.

“Our position is we would only place data on Intergis so with the consent of the owner of the animal. Now we are obliged to do so.”

All data received from the producers will now be transferred. The logistics still have to be negotiated.

by Mike van Rooyen for Netwerk 24

UPDATED: 17 November 2016

 

The President of the Arab Horse Society of South Africa requested a copy of the court order, which SA Stud Book declined to make available to their clients, the Breed Societies. The President then requested the order from SA Stud Book’s attorneys, who obliged.

Here is the Judgement from the Free State High Court in full:

Here is the letter from SA Stud Book sent out to all their client Breed Societies about this matter:

Here is a second letter from SA Stud Book sent out all Stud Breeders the following week:

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