South African Constitutional Court dismisses hunters’ lawsuit over animal welfare — Daily Maverick
South Africa’s Constitutional Court has dismissed a lawsuit by the South African Hunters and Game Conservation Association, which sought to remove animal welfare provisions from the country’s biodiversity legislation. As Daily Maverick reports, the National Council of Societies for the Prevention of Cruelty to Animals (NSPCA) and the EMS Foundation defended these provisions.
According to the EMS Foundation, the court delivered a unanimous ruling and awarded legal costs in the foundation’s favor. The NSPCA said the verdict retains the requirement to consider the welfare of wild animals when making decisions on their management, conservation and use.
What the hunters challenged
The dispute concerned 2022 amendments to the National Environmental Management: Biodiversity Act. They explicitly incorporated the concept of animal welfare into environmental legislation. The law defines it as the totality of circumstances and conditions that contribute to an animal’s physical, physiological and mental health, quality of life, and ability to cope in its environment.
The hunters’ association argued that parliament had not ensured sufficient public participation before adopting the changes, claiming that substantial amendments had allegedly been introduced without an opportunity for interested parties to discuss them. The organization asked the court to declare the disputed provisions unconstitutional and invalid, or to suspend their operation for further discussion.
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The association also said that the definition could threaten sustainable-use practices, including responsible hunting. Among the possible consequences, it cited restrictions on keeping predators and prey in the same reserve, using pesticides against locusts, reducing animal populations for conservation purposes, and tagging and tracking wild animals.
Call to implement the provisions
The EMS Foundation believes that retaining the provisions creates grounds for assessing the impact of human activity on wildlife before animals are harmed. Wilderness Foundation Africa Executive Director Andrew Muir said the ruling confirmed the legitimacy and importance of animal welfare in South Africa’s biodiversity policy and legislation.
Following the court’s decision, the EMS Foundation called on the minister of forestry, fisheries and the environment to urgently convene the Wildlife Welfare Forum. The foundation also advocates further implementation of these provisions through regulations, policy, permitting procedures and accountable decision-making.
