A matter of positive tests as a result of suggested feed contamination that has dragged on at great legal cost for some four years now, reached a crossroads on Friday.
The National Horseracing Authority confirmed in a press release published on Friday afternoon that on 14 May 2021, a full bench of the South Gauteng High Court upheld an Appeal by Afresh Brands Cape (Pty) Ltd and Afresh Brands KZN (Pty) Ltd and ordered the NHRA to deliver the information referred to below, strictly in compliance with the terms of the Promotion of Access to Information Act, Act 2 of 2000 (PAIA).
The judgement overturns an earlier decision of the South Gauteng High Court to the effect that the NHRA had fully disclosed all information that Afresh sought.
As a result of urine samples taken from a number of race horses trained by several Trainers, allegedly testing positive for a substance prohibited by the NHA, certain feed samples supplied by the Trainers and Afresh, were tested for the presence of the substance by the NHA.
Following on these tests, Afresh had in December 2017 required the NHRA to produce information which Afresh said it required for purposes of protecting its commercial rights.
The information related primarily to the methodology which the NHA had employed when testing the horse feed samples.
Afresh and the NHRA had agreed that the Inquiries which precipitated the feed testing would be held over pending the outcome of Afresh’s Court Application (and subsequent Appeal).
Although the NHRA averred that the necessary information had been supplied to Afresh, the Court ordered that the information requested had to be provided strictly in accordance with the provisions of PAIA.
As the litigation process has now been completed, the NHRA is at liberty to proceed with the Inquiries which had been placed on hold.
This process will commence as soon as the information requested by Afresh has been made available to them in the prescribed manner.
