Court battle continues over trophy hunting in SA

Western Cape High Court Judge Patrick Gamble had in April last year noted that if interim relief was not granted, “the black rhino, elephant and leopard population may be irreversibly affected”.

Western Cape High Court Judge Patrick Gamble had in April last year noted that if interim relief was not granted, “the black rhino, elephant and leopard population may be irreversibly affected”.

Published Sep 14, 2023

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Humane Society International (HSI), in an ongoing court battle with the Department of Forestry, Fisheries and the Environment (DFFE) over trophy hunting of certain wildlife species, said it was considering legalities around the recent killing of an elephant while an interim interdict was in place prohibiting the number of leopard, elephant and black rhinoceros that may be lawfully hunted in South Africa and later exported abroad.

This after the organisation said a male elephant was killed in a trophy hunt at the Maseke Game Reserve, situated within the Balule Nature Reserve, bordering the Kruger National Park, in Limpopo on September 3.

The elephant was allegedly shot eight times before finally succumbing to his injuries.

HSI said in the ongoing court case, which seeks to challenge hunting and export quotas permitted by the government, Western Cape High Court Judge Patrick Gamble had in April last year noted that if interim relief was not granted, “the black rhino, elephant and leopard population may be irreversibly affected”.

“The decision of the first respondent on or about 31 January 2022 to allocate a hunting and export quota for elephant (Loxodonta africana), black rhinoceros (Diceros bicornis) and leopard (Panthera pardus), for the calendar year of 2022 is interdicted from being implemented or given effect to in any way,” he found.

On the recent incident, Humane Society International Africa executive director Tony Gerrans said: “We are horrified by this unnecessary tragedy.

This incident once again demonstrates the inhumanity of hunting sentient animals merely for bragging rights and to display parts of their bodies as trophies on a wall.

“Too many endangered and threatened animals continue to suffer and die within so-called nature conservation reserves in what is best described as a blood sport.

“HSI/Africa has challenged the way this horrifying activity is permitted by the government, and we call on all South African wildlife administrators to abide by the high court order which prohibits the permitting of elephant, leopard and black rhino hunts until such time as the court can rule on the merits of the permitting process.”

The DFFE referred the Cape Times to the Limpopo Department of Economic Development, Environment and Tourism (Ledet).

“A permit to hunt one elephant bull was issued by the department to a local hunter.

“The court order is for the export of elephant trophies by a non-South African resident out of the country. The elephant was hunted by a South African resident and therefore will not be exported out of SA.

“The hunting forms part of the management of the elephant population on the greater Balule.

“Nothing illegally (was) conducted and the hunt went according to the Balule protocol,” said Limpopo Ledet spokesperson Zaid Kalla.

The matter is set to return to court next year.

The Balule Nature Reserve said: “The hunt... was conducted legally in terms of a permit issued by the Limpopo Economic Development, Environment and Tourism Department (LEDET) and within the Greater Kruger Hunting Protocols developed and endorsed by all the signatories to the Great Limpopo Transfrontier Conservation Area (GLTFCA) Cooperative Agreement.

“The interdict referred to in the article applies only to Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) export permits in respect of leopards, black rhinoceroses and African elephants. The court order itself notes that the ‘overall purpose of CITES is to regulate the worldwide trade in endangered species of, inter alia, wild animals and plants’. Consequently, the interdict does not apply to any off-take or hunting permits issued to South African residents. In the case of the hunt in question, the hunter was a South African resident who held a permit lawfully issued by the LEDET.

“The hunt was conducted legally and in accordance with all the requisite Greater Kruger Hunting Protocols. No protocol violations were committed and the pursuit of and follow-up shots on the elephant were consistent with the requirements contained in the Greater Kruger Hunting Protocol.

“The BNRA’s annual off-take of animals is determined by the Associated Private Nature Reserve ecological panel, reviewed and then endorsed by SANParks and the biodiversity arm of LEDET. The offtake recommendation extends to a number of different species, including elephants, buffalo, impala, kudu and waterbuck. Approximately 50 below average sized elephants are removed from reserves falling under the Associated Private Nature Reserve annually in order to allow for better breeding opportunities for the average and above average bulls.

“All revenue generated from the hunting of these animals must be, and is, spent on conservation, wildlife security and community upliftment, by BNRA and the Maseke Game Reserves respectively.

“The meat from the elephant hunted on the Maseke Game Reserve was used to feed approximately 250 children and old-aged members of the community, in terms of BNRA's and the Maseke Game Reserve's outreach program's ongoing community feeding scheme. The BNRA denies any insinuation that the proceeds from its hunting activities are spent in any other fashion.

“The BNRA does not condone any illegal activity whatsoever, and especially not the illegal killing of any animals within a protected area it is tasked to manage.”

*This story has been updated to reflect a response from the Balule Nature Reserve.

Cape Times

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