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South Africa: Canned hunting ruling challenge
South African lion breeders are to apply for leave to appeal a recent court ruling that could end trophy hunting of lions bred in captivity.

Chairman of the SA Predators Breeders Association Carel van Heerden said today the breeders had no other option.

"We are forced to do this due to the situation in which we found ourselves," he said after a meeting in Bloemfontein.

The ruling by the High Court in Bloemfontein on June 11 could spell the end of trophy hunting of captive-bred lions in South Africa.

Van Heerden said the meeting heard there were more than enough grounds for an appeal application.

The court’s ruling was made after the association challenged the validity of certain provisions of the Threatened or Protected Species (ToPS) regulations, drafted in terms of the National Environmental Management: Biodiversity Act.

The parts that were challenged dealt with trophy hunting of captive bred lions - commonly called "canned lion hunting".

The breeders wanted the removal of the provision requiring captive bred lions to be set free 24 months before being hunted.

The court held that on the facts of the case there was no procedural unfairness in the development of ToPS regulations.

The court also found it was practically and physically possible to comply with the provision requiring captive bred lions to be set free 24 months before being hunted.

It held the argument by the breeders that the financial implications of this provision were too onerous was not relevant to the matter.

The breeders’ application was dismissed with costs.

Van Heerden said the industry would come to an end if it had to comply with the 24 month release period as it meant that facilities and animals worth millions would go to waste.

"This is not what we want to happen," he said.

Van Heerden reiterated that the association did not agree with the set period of 24 months because it was not scientifically based but rather "grabbed from the air".

"There is no basis on which this 24 month period was set on.

"We made scientific based submissions to the minister (former Environmental Affairs Minister Marthinus van Schalkwyk) which was not even considered."

The Endangered Wildlife Trust had welcomed the court ruling.

The department of environmental affairs also welcomed the ruling and said it could now continue to amend the definition of "listed large predator" in ToPS to again include the lion.

http://www.thetimes.co.za
 

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