South Africa Case Law

Trustees for the Time Being of the Humane Society International - Africa Trust and Others v Minister of Forestry, Fisheries and the Environment and Another (6939/22)

Trustees for the Time Being of the Humane Society International - Africa Trust and Others v Minister of Forestry, Fisheries and the Environment and Another (6939/22) [2024] ZAWCHC 9 (26 January 2024)

Court

Western Cape High Court, Cape Town

Case number

6939/22

Judge

Cockrell

The High Court held the declaratory challenge to 2022 wildlife quotas moot and refused broad interdictory relief for all TOPS species as vague and unsupported.

• Judicial Review Of Administrative Action
• Cites Regulation
• Biodiversity Act
• Interdictory Relief
• Mootness
• Animal Welfare

Von Thunderbolt Breeders (Pty) Ltd v Ibida South Africa (Pty) Ltd and Another (2022-032863)

Von Thunderbolt Breeders (Pty) Ltd v Ibida South Africa (Pty) Ltd and Another (2022-032863) [2022] ZAGPPHC 843 (21 October 2022)

Court

North Gauteng High Court, Pretoria

Case number

2022-032863

Judge

E van der Schyff

Urgent interim interdict granted to a dog breeder for access to and return of four dogs, subject to security and other safeguards.

• Interim Interdict
• Ownership Dispute
• Urgent Relief
• Animal Welfare
• Interim-interdict
• Urgent-application

Smuts N.O. and Others v Member of the Executive Council: Eastern Cape Department of Economic Development Environmental Affairs and Tourism and Others (1199/2021)

Smuts N.O. and Others v Member of the Executive Council: Eastern Cape Department of Economic Development Environmental Affairs and Tourism and Others (1199/2021) [2022] ZAECMKHC 42 (26 July 2022)

Court

Eastern Cape High Court, Makhanda

Case number

1199/2021

Judge

Govindjee

The High Court held that refusal of access to leopard permit applications and permits under PAIA was unjustified and ordered disclosure.

• Promotion Of Access To Information Act
• Right To Privacy
• Public Interest Override
• Threatened Or Protected Species
• Permit Disclosure
• Animal Welfare

National Council of Societies for the Prevention of Cruelty to Animals v Al Mawashi (Pty) Ltd and Others (995/2020)

National Council of Societies for the Prevention of Cruelty to Animals v Al Mawashi (Pty) Ltd and Others (995/2020) [2020] ZAECGHC 118 (15 October 2020)

Court

Eastern Cape High Court, Grahamstown

Case number

995/2020

Judge

Dukada

The court found that the NSPCA failed to establish the requirements for an interim interdict. The evidence of cruelty relied upon by the applicant related to incidents in 2019, and there was no indication that such harm was likely to recur during the 2020 voyages, which were subject to regulatory oversight and compliance with OIE standards. The regulatory authorities did not raise concerns during inspections, and the South African government, as the competent authority, is responsible for ensuring adherence to international animal welfare standards. The balance of convenience favoured the Fir…

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• Interim Interdict
• Animal Welfare
• Statutory Compliance
• Balance Of Convenience
• International Standards

Cloete and Others v S (A106/2019)

Cloete and Others v S (A106/2019) [2019] ZAFSHC 247; 2020 (1) SACR 317 (FB) (19 December 2019)

Court

Free State High Court, Bloemfontein

Case number

A106/2019

Judges

Mhlambi, Murray

The court found that the appellants were faced with an emergency situation where the survival of the cubs was at stake and statutory compliance was objectively impossible due to the cubs' age and health. The evidence established that permits could not be obtained because microchipping was required, but not feasible for newborn cubs. The defence of impossibility was accepted regarding the permit requirements. The court further held that the defence of necessity applied, as the appellants acted to protect the lives of the cubs, which outweighed the interest in strict statutory compliance. The e…

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• Necessity Defence
• Impossibility Defence
• Protected Species Permit
• Failure To Report
• Animal Welfare
• Statutory Compliance

National Council of The Society for Prevention of Cruelty to Animals v Minister of Environmental Affairs and Others (86515/2017)

National Council of The Society for Prevention of Cruelty to Animals v Minister of Environmental Affairs and Others (86515/2017) [2019] ZAGPPHC 367; [2019] 4 All SA 193 (GP) (26 August 2019)

Court

North Gauteng High Court, Pretoria

Case number

86515/2017

Judge

Kollapen

The court held that the Minister's decisions to set export quotas for lion bone in 2017 and 2018 constituted administrative action under PAJA, as they were made in terms of NEMBA and the CITES Regulations and had direct, external legal effect on the rights of breeders, exporters, and the public. The applicant was not excluded from the process, having participated in consultations and made submissions. However, the Minister erred in excluding animal welfare considerations from the quota determination process, as such considerations are relevant under Section 24 of the Constitution, NEMBA, and…

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• Promotion Of Administrative Justice Act
• Animal Welfare
• Biodiversity Management
• Quota Setting
• Section 24 Rights
• Judicial Review

National Council of the Society for Prevention of Cruelty to Animals v Minister of Environmental Affairs and Others (86515/2017)

National Council of the Society for Prevention of Cruelty to Animals v Minister of Environmental Affairs and Others (86515/2017) [2019] ZAGPPHC 337; 2020 (1) SA 249 (GP) (6 August 2019)

Court

North Gauteng High Court, Pretoria

Case number

86515/2017

Judge

N Kollapen

The court held that the Minister's decisions to set the annual export quotas for lion bone in 2017 and 2018 constituted administrative action under PAJA, as they were made in terms of legislation, had the capacity to affect legal rights, and had direct, external legal effect. The applicant was not excluded from the decision-making process, having participated in consultations and made submissions. However, the Minister erred in failing to consider animal welfare concerns relating to captive lions, which are relevant to the quota-setting process given the constitutional and legislative framewo…

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• Promotion Of Administrative Justice Act
• Animal Welfare
• Quota Setting
• Biodiversity Management
• Constitutional Right To Environment
• Public Consultation

Eastern Cape Poultry Club v National Council of Societies for the Prevention of Cruelty to Animals (44057/2016)

Eastern Cape Poultry Club v National Council of Societies for the Prevention of Cruelty to Animals (44057/2016) [2017] ZAGPJHC 283 (11 August 2017)

Court

South Gauteng High Court, Johannesburg

Case number

44057/2016

Judge

Van der Linde

The court declined to grant the declaratory relief sought by the applicant. It held that the National Prosecuting Authority should have been joined as a party, given the potential immunisation from prosecution that a declaratory order would confer. The relief sought was too broad, requiring the court to analyse every criminalising provision of the Act without sufficient assistance from the applicant. Furthermore, the contentious issue of whether dubbing is necessary for health and welfare would require expert evidence and cross-examination, which was not provided. As a result, the application…

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• Declaratory Relief
• Animal Welfare
• Statutory Interpretation
• Criminal Liability Under Animals Protection Act

Natal Zoological Gardens (Pty) Ltd and Others v Ezemvelo KZN Wildlife and Others (5945/09)

Natal Zoological Gardens (Pty) Ltd and Others v Ezemvelo KZN Wildlife and Others (5945/09) [2009] ZAKZPHC 38 (13 August 2009)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

5945/09

Judge

Swain

High Court costs ruling after an interim interdict became redundant on appeal; the court ordered each party to pay its own costs.

• Interim Interdict
• Costs Award
• Permit Conditions
• Animal Welfare
• Administrative Appeal
• Costs-award