SA Predator Breeders Association v Minister of Environmental Affairs

The Supreme Court of Appeal held that the Minister of Environmental Affairs had acted irrationally when making the decision that captive-bred lions had to fend for themselves in an extensive wildlife system for 24 months before they could be hunted. The Court held that the inclusion of lions within the definition of a “listed large predator” would render the prohibition in the Threatened or Protected Species Regulations (GNR 152 of 23 February 2007) against the hunting of captive bred large predators within 24 months of their release invalid. The judge held that “It is by no means clear to me how either ethical hunting (whatever its limits may be) and fair chase fit into a legislative structure which is designed to promote and conserve biodiversity in the wild, and, more especially in relation to captive-bred predators that are not bred or intended for release into the wild”. He also held that regarding the prospects of success for the rehabilitation of captive-bred lions, on the expert evidence it appeared that ”at worst a successful outcome was speculative, at best, very unlikely.” In 2008 the Minister amended the regulations to remove lions from their ambit so that, whilst legal proceedings took place, the balance of the regulations could be put into effect. At the time the Minister indicated that, if the judgment was in the Department’s favour, lions would be re-introduced into the regulations, an option now no longer available to the Minister. The likely effect of this judgment is thus that the Department will have to substantially review its policy on so called “canned lion hunting” and if necessary seek amendments to the National Biodiversity Act.