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Administrative Law [2019] ZAGPPHC 367

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)

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…

  • Promotion Of Administrative Justice Act
  • Animal Welfare
  • Biodiversity Management
  • Quota Setting
  • Section 24 Rights
  • Judicial Review
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Administrative Law [2019] ZAGPPHC 337

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)

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…

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