National Council of The Society for Prevention of Cruelty to Animals v Minister of Environmental Affairs and Others

Country
Territorial subdivision
Court
Seat of court
Pretoria
Court jurisdiction
Date of opinion
2019
Abstract

The Director-General, Department Of Environmental Affairs (2nd Respondent) invited the public to make written submissions on proposed lion export quota in line with CITES requirements. In that regard, the National Council of The Society for Prevention of Cruelty to Animals (applicant) submitted its submissions opposing the 2nd Respondent’s quota in its entirety. Following the applicant’s and various submissions, the Minister of Enviromental Affairs (1st Respondent) determined that export permits for 800 lions would be made available in 2017 and announced the lion export quota for 2018 at 1500. However, in December 2018, the quota for 2018 was amended from 1500 to 800 skeletons. The applicant applied to the High Court seeking to review and have the decisions of the 1st Respondent concerning the export quotas for lion bone determined at 800 and 1500 lion skeletons have declared unlawful and unconstitutional in terms of the Promotion of Administrative Justice Act and, in the alternative, the Constitution of South Africa. That is, because considerations of animal welfare were not taken into account in reaching the decision and on account of the exclusion of the applicant from the decision making process which the applicant contends was irrational and that such decision stands to be set aside on the ground that it is irrational.

Language of document
English
Reference number
[2019] ZAGPPHC 367
Species
Transnational
No
Decision
The High Court declared the 1st Respondent’s decision to set the quota for the exportation of lion bone (of 800 lion skeletons) which was established by notice on 28 June 2017 unlawful and constitutionally invalid. The High Court also declared that the First Respondent’s decision to set the quota for the exportation of lion bone (of 1500 lion skeletons) unlawful and constitutionally invalid. The High Court also ordered each party to bear their own costs of the application.
Appealed
No
Penalty
N/A
Court cases cited
South African Veterinary Association v Speaker of the National Assembly 2019 (2) BCLR 273 (CC)
National Society for Prevention of Cruelty to Animals v Minister of Justice and Constitutional Development and Another 2017 (4) BCLR 517 (CC)
Minister of Mineral Resources v Sishen Iron Ore Company Limited 2014 (2) SA 603 (CC)
Bengwenyama Minerals (Pty) Ltd v Genorah Resources (Pty) Ltd 2011 (4) SA 113 (CC)
Grey’s Marine Hout Bay and others v Minister of Public Works and others 2005 (6) SA 313 SCA
Legislation cited
National Environmental Management: Biodiversity Act, No.10 of 2004
Promotion of Administrative Justice Act, No. 3 of 2000
Societies for the Prevention of Cruelty to Animals Act, No. 169 of 1993
Animals Protection Act, No. 71 of 1962