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)
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…
Source excerpt
- Necessity Defence
- Impossibility Defence
- Protected Species Permit
- Failure To Report
- Animal Welfare
- Statutory Compliance