The Department of Environment has welcomed the decision of the Bloemfontein High Court on Thursday 11 June 2009, dismissing with costs the application of the South African Predator Breeders Association, Matthys Christiaan Mostert and Deon Cilliers.
The 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.
The application questioned the definition of a "put and take animal." A "put and take animal" is "a live specimen of a captive bred listed large predator, or a live specimen of a captive bred Ceratotherium simum (white rhinoceros) or Diceros bicornis (black rhinoceros) that is released for the purpose of hunting that animal within a period of twenty four months after its release from a captive environment. The application also questioned why the South Africa Predator Breeders Association was not represented on the National Scientific Authority as established per section 60 of National Environmental Management Biodiversity Act (NEMBA).
The applicants sought to overturn the decision of the Minister to prohibit activities as listed in section 24 of TOPS involving listed large predators from applying to the lion. Some of the prohibited activities include hunting of a listed large predator that is a put and take animal; hunting of a listed large predator, in a controlled environment; hunting of a listed large predator under the influence of any tranquilising, narcotic, immobilising or similar agent and the hunting of a listed large predator released in an area adjacent to a holding facility for listed large predators.
Hunting a listed large predator by using a gin trap is also prohibited. Further prohibitions include the hunting of a listed large predator, unless the owner of the land on which the animal is to be hunted provides an affidavit or other written proof indicating the period for which the species to be hunted has been on that property, if that species was not born on that property; and that the species to be hunted is not a put and take animal.
Other prohibitions to large predators pertain to breeding in captivity, sale, supply or export of a live specimen as well as the purchase or acquisition of a live specimen. The above prohibitions do not apply to a listed large predator bred or kept in captivity which has been rehabilitated in an extensive wildlife system and has been fending for itself in an extensive wildlife system for at least twenty four months.
The judgment found that the 24 month self sustaining provision was not unreasonable and could be practically implemented. While the respondent (Minister) recognises the investments made and the direct and indirect benefits of the industry, Judges J van der Merwe and MH Rampai were not convinced by the applicant’s argument that the respondent is incorrect in saying that the 24 month self sustaining period will not necessarily put an end to the industry by making it financially unsustainable for them.
With regards to representation on the National Scientific Authority the judgment was in agreement with the respondent (Minister) that it was simply not practical to have everyone affected by the regulations represented on the authority. The regulations provide that the scientific authority may co-opt expert advisors from outside the public service.
"The department will now continue to amend the definition of "listed large predator" to again include the lion. The definition was amended to exclude the lion as a listed large predator, when the application against the Minister was brought, which meant that captive bred lions were excluded from the prohibited activities mentioned above. The removal of lion from the list was done only to allow the TOPS regulations to be put in operation, while the court case was pending. If lion is listed as a large predator the prohibitions mentioned above will also be applicable to lion," said Departmental Spokesperson, Mr Albi Modise.
Once the listed large predator definition has been amended it will include a specimen of any of the following listed threatened or protected species, namely cheetah, spotted hyaena, brown hyaena, wild dog, leopard and lion.
This judgment vindicates the department and means that the reprehensible practice of canned lion hunting will indeed end. Once lion is re-listed as a large predator, the regulations specifically prohibit hunting large predators that are "put and take" animals, in other words a captive bred animal that is released on a property for the purpose of hunting within 24 months.
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 is committed to getting rid of canned lion hunting as we need a clean hunting industry, free of unacceptable conduct," emphasised Modise.
Enquiries:
Albi Modise
Tel: 012 310 3122
Cell: 083 490 2871
E-mail: amodise@deat.gov.za
Roopa Singh
Tel: 012 310 3566
Cell: 082 225 3076
E-mail: rsingh@deat.gov.za
Source: Department of Environmental Affairs and Tourism
(http://www.deat.gov.za/)
