Durban - An association which represents the interests of animal keepers including zoos, bird and other animal parks has expressed frustration at proposed permit conditions for keeping wild animals captive, vowing legal action if it found irregularities.
Professor Jeremy Ridl, attorney for the Animal Interest Alliance, has questioned the legality of the conditions proposed by Ezemvelo KZN Wildlife for the permits, which were put out for public comment on Monday.
Ridl said permits and licences for keeping wild animals may be issued only under the Natal Nature Conservation Ordinance 15 of 1974 and the Threatened or Protected Species Regulations to the National Environmental Management Biodiversity Act of 2004.
“Not only is Ezemvelo empowered by this legislation, its powers are limited by its terms. On the face of it, the proposed standard terms and conditions include provisions that exceed the powers conferred upon Ezemvelo KZN Wildlife by the ordinance. These powers will be considered carefully and if Ezemvelo is acting outside of its statutory mandate, its actions will be challenged in court,” he said.
Dr Jean Harris, head of Ezemvelo Wildlife Scientific Services, had earlier emphasised that Ezemvelo was fulfilling its mandate under the KZN Nature Conservation Act under which it is compelled to establish such conditions and establish norms and standards.
Ridl said he could not yet comment on whether the proposed conditions were reasonable.
New permit conditions circulated by Ezemvelo included provision of clean drinking water, appropriate and sufficient food, no physical punishment, no solitary confinement of social species, specification of minimum enclosure size and design, minimum furnishings for animals’ behavioural needs and prevention of over-crowding.
These were the revised conditions after the draft in 2010. Harris said some of the revisions had been reconsideration for individuals with small collections of animals, and enclosure sizes for bird collectors.
Harris said the conditions were open for comment from affected parties this month. She felt the new draft met the contemporary standard and had to take international standards into consideration.
But alliance chairman, William Horsfield, felt affected parties were not adequately consulted in the drafting of the documents. He said Ezemvelo had put standards on the table before and they had just been expected to comply, but after going through the proposed legislation they realised Ezemvelo had set impossible standards.
Harris said parties could apply for a slight deviation from some conditions of the permit, but they would have to motivate why their circumstances needed special consideration.
The permits are expected to come into force next year, and will be the first devised in South Africa for wild animals in captivity.
Ridl said: “Some members of the Animal Interest Alliance view this latest action by Ezemvelo as a revival of its futile attempt at the end of 2010 to “legislate through the back door” a similar process.
The legality of the appointment of the current board of Ezemvelo had not yet been accepted by the alliance.
“Certain irregularities in this regard and the suitability of certain members to serve on the board are being investigated and may result in a challenge of the legality of the current board,” he said.
The alliance had been involved in a court action against the wildlife body last year (since 2006) in the Pietermaritzburg High Court, where the alliance raised the validity of the Ezemvelo board. It claimed the appointment of Ezemvelo’s board members was not fully compliant with the KZN Nature Conservation Act. The court order was suspended on condition that new board members were lawfully appointed in full compliance with the Act. The board members were appointed three months ago.
Brian Boswell’s Circus, an alliance member, has had legal disputes with Ezemvelo. It applied for an interdict in 2009 in the Pietermaritzburg High Court to stop Ezemvelo from enforcing “unfair and impossible” permit conditions pending an internal appeal.
Ezemvelo counteracted by accusing the circus of keeping animals under “intolerable and appalling conditions”, submitting photographic and video inspections of the zoo and game park.
The then environmental MEC, Lydia Johnson, ruled in favour of the circus, but said Ezemvelo should consider laying criminal charges.- Daily News