The Department of Environmental Affairs has welcomed the decision of the Bloemfontein High Court on Friday, 25 September 2009, dismissing with costs, including the costs of two counsels, the application for leave to appeal by the South African Predator Breeders Association, Matthys Christiaan Mostert and Deon Cilliers.
The application for leave to appeal follows the Bloemfontein High Court decision on Thursday 11 June 2009, dismissing with costs the application of the above applicants. On 14 September 2009, an application for leave to appeal against the 11 June judgment was heard before Judge Van der Merwe and Judge Rampai in the Free State High Court Bloemfontein.
The original application was launched on 4 May 2007 taking the Environment Minister to court over certain aspects of the Threatened or Protected Species (TOPS) regulations which came into effect on 1 February 2008. Amongst others, the applicants challenged the inclusion of lion as a listed large predator and the 24 month period in which captive bred lions had to fend for themselves in an extensive wildlife system before they could be hunted.
The applicants argued that the regulations would have a particularly great impact on the captive bred lion industry in the Free State and North West provinces with adverse impacts on the operations of the second and third applicants. The main thrust of the argument of the applicants is that the 24 months self sustaining provision will destroy the industry with resultant negative economic and social impact.
For further information visit http://www.deat.gov.za/docs/DocumentHomepage.aspx?type=D&id=3745
“This latest judgment strengthens the department’s resolve to responsible, regulated and sustainable hunting practices,” said Mr Albi Modise.
The applicants may still petition the Chief Justice for leave to appeal. Modise said that while hunting makes a substantial and positive contribution to conservation management and economic growth, we also have a responsibility to preserve the resource base and ensure that the industry has a sustainable future. Hunting is an important industry but we must manage it in accordance with defensible standards, he added.
The department will now focus on achieving its original intention of listing lions as a large predator subject to TOPS regulations, emphasised Modise.
To access the appeal judgment click on the link below:
Lion Breeders Leave to Appeal Judgment
For media queries contact:
Roopa Singh
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Issued by: Department of Environmental Affairs
23 September 2009
Source: Department of Environmental Affairs (http://www.deat.gov.za/)
