Appelgryn N.O. and Another v Jankielsohn and Others (3809/2016) [2017] ZAFSHC 4 (19 January 2017)

Appelgryn N.O. and Another v Jankielsohn and Others (3809/2016) [2017] ZAFSHC 4 (19 January 2017)

The applicants established a prima facie right to the red lechwe antelopes based on statutory protection under the Game Theft Act and valid fencing and species permits. The first respondent's possession and dealings with the antelopes constituted restricted activities under the Biodiversity Act, for which she lacked the necessary permits, rendering her opposition unsustainable. The applicants demonstrated a reasonable apprehension of irreparable harm absent interim relief, and no adequate alternative remedy existed. The balance of convenience favoured the applicants, as the proposed procedure would secure the antelopes and allow all interested parties to assert claims in subsequent...

Citation
[2017] ZAFSHC 4
Parties
Applicant: Johannes Jacobus Appelgryn N.O.; Applicant: Patricia Yvonne van Wyk N.O.; Respondent: Doctor A Jankielsohn; Respondent: Crezco Steel and Hardware Traders (Pty) Ltd; Respondent: Doctor Wessels Strydom; Respondent: Free State Provincial Department of Economic Development, Tourism and Environmental Affairs; Respondent: South African National Road Agency Limited; Respondent: Isabella Pieters Marco Vermeulen; Respondent: Alida Elizabeth Vermeulen; Respondent: George Pieter Dirk Meiring; Respondent: Susannah Dorothea Kruger; Respondent: Sara Nel
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
19 January 2017
Case Number
3809/2016
Procedural Posture
Urgent Application / Interim Interdict Application Pending Interpleader Proceedings
Outcome
Application granted: interim interdict and mandamus issued in favour of the applicants.
Judges
Rampai
Legal Topics
Game Theft Act, Alien Species Permits, Interim Interdict, Interpleader Proceedings, Ownership of Wildlife, Restricted Activities
Land and Property Environmental Law Civil Procedure Game Theft Act Alien Species Permits Interim Interdict Interpleader Proceedings Ownership of Wildlife +1 more

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Parties

Johannes Jacobus Appelgryn N.O.

Applicant

Patricia Yvonne van Wyk N.O.

Applicant

Doctor A Jankielsohn

Respondent

Crezco Steel and Hardware Traders (Pty) Ltd

Respondent

Doctor Wessels Strydom

Respondent

Free State Provincial Department of Economic Development, Tourism and Environmental Affairs

Respondent

South African National Road Agency Limited

Respondent

Isabella Pieters Marco Vermeulen

Respondent

Alida Elizabeth Vermeulen

Respondent

George Pieter Dirk Meiring

Respondent

Susannah Dorothea Kruger

Respondent

Sara Nel

Respondent

Procedural Posture

Urgent Application / Interim Interdict Application Pending Interpleader Proceedings

Legal Issues

  1. 1 Whether the applicants established the requisites for an interim interdict to capture and secure red lechwe antelopes pending interpleader proceedings.
  2. 2 Whether the first respondent's possession and dealings with the antelopes contravened statutory restrictions on alien species.
  3. 3 Whether the applicants have a prima facie right to the antelopes under the Game Theft Act and Biodiversity Act.

Ratio Decidendi

The applicants established a prima facie right to the red lechwe antelopes based on statutory protection under the Game Theft Act and valid fencing and species permits. The first respondent's possession and dealings with the antelopes constituted restricted activities under the Biodiversity Act, for which she lacked the necessary permits, rendering her opposition unsustainable. The applicants demonstrated a reasonable apprehension of irreparable harm absent interim relief, and no adequate alternative remedy existed. The balance of convenience favoured the applicants, as the proposed procedure would secure the antelopes and allow all interested parties to assert claims in subsequent...

Court Disposition

Application granted: interim interdict and mandamus issued in favour of the applicants.

Orders

  • The applicants are authorised to enter the specified farms of the respondents to search for, capture, and remove all specimens of the Red Lechwe Antelope found thereon, without interference.
  • Captured antelopes are to be marked for identification and removed to the second respondent's property for temporary safekeeping and central detention.