Three elephants at the Johannesburg Zoo - Lammie, Mopani, and Ramadiba - could be moved to a wild sanctuary if a groundbreaking Pretoria High Court case succeeds.
Image: Timothy Bernard/Independent Newspapers
Three elephants at the Johannesburg Zoo - Lammie, Mopani, and Ramadiba - are at the centre of a groundbreaking constitutional case in the Pretoria High Court. The case, brought by environmental law firm Cullinan & Associates, aims to secure the elephants’ release and transfer to a wild sanctuary, though no court decision has yet been made.
The legal action is being taken on behalf of Animal Law Reform South Africa NPC, a non-profit organisation focused on social justice through legal recognition of the interconnectedness between humans, animals and the environment; the EMS Foundation, a trust dedicated to wildlife policy reform and sanctuary development; and chief Steven Fritz, senior chief of the South Peninsula Khoi Council and advocate for humane animal treatment.
The respondents in the case include Johannesburg City Parks and Zoo NPC, the City of Johannesburg Metropolitan Municipality, the Gauteng Provincial MEC for Economic Development, Agriculture, Environment and Rural Development, and the Minister of Forestry, Fisheries and the Environment.
The application seeks orders declaring the continued confinement of the elephants unlawful and unconstitutional, reviewing and setting aside decisions to keep them in captivity, and directing the respondents to facilitate the elephants’ transfer to an appropriate rewilding facility.
Sarah Kvalsvig, specialist environmental attorney at Cullinan & Associates, said: “South African law is clear that the well-being of elephants must be considered when decisions are made to keep them in captivity. In other countries in the world, Courts have recognised that elephants have the right to live freely and express their natural behaviours in thee ecosystems of which they are part. Our clients and their experts believe that the physical and psychological needs of these three highly intelligent and deeply social elephants cannot be met in the Johannesburg Zoo.”
The case raises novel constitutional questions, particularly regarding the interpretation of Section 24 environmental rights as they apply to captive elephant well-being. The application examines the respondents’ obligations to respect, protect, and promote environmental rights by ensuring proper elephant well-being.
Lesai Seema, director at Cullinan & Associates, said: “We now know that elephants are sentient, socially complex beings whose well-being is inseparable from the ecological systems of which they form part. Where the State elects to confine such animals, our legislative framework requires a form of decision-making that is rational, evidence-based and responsive to the welfare implications of captivity.”
The case also considers the cultural and living heritage rights of the Khoi peoples, including spiritual beliefs and a holistic approach to nature, protected under the Natural Heritage Resources Act and the Constitution. Expert testimony from specialists in elephant behaviour and welfare will argue that the elephants currently endure conditions adverse to their well-being, causing ongoing and increasing distress.
Interested parties and advocates for wild animal well-being can follow the case in the Pretoria High Court between May 19 and 21.