Home arrow Network News arrow Network News arrow Seal Alert-SA Asked To Pay For Legal Costs To End The Seal Cull In Namibia
Seal Alert-SA Asked To Pay For Legal Costs To End The Seal Cull In Namibia

After 2 days of the 2009, 139 day sealing season in Namibia, what you see - is what there is: there does not appear to be more than 1000 seal pups in the colony (the largest seal colony for this species), facing a goverment sealing pup quota of 50,000 for this Cape Cross seal colony alone.
 

Cape Fur Seals slaughtered
Cape Fur Seals slaughtered in Namibia (Photo: Francois Hugo, SealAlert SA)
After 40 days into the 2007 sealing season, I flew over this colony, and filmed not a single seal left anywhere in this seal colony.
 
That fact alone - should disturb all who reads this. Something is very wrong with govt's population assessment.
 
Sealers are exterminating the Cape fur seal species, like they did previously on all the offshore islands, causing their permanent extinction of these colonies.
 
Since 1962, the Namibian sealing industry has cruelly slaughtered and beaten to death 2,129, 940 endangered nursing seal pups. Each death an Act of Cruelty under the law, each offence punishable.
 
The Namibian newspaper applied for a permit to view the seal culling objectively was denied. (http://allafrica.com/stories/200907310489.html).
 
Francois Hugo of Seal Alert-SA acceptance of the 14,2 million US dollar to buy out the Namibian sealing industry, did what no other govt or organization or individual has ever succeeded in doing. It stopped the seal cull for two weeks. (The culling began "about a week ago," after a two-week delay, Yavuz added - http://www.google.com/hostednews/afp/article/ALeqM5jS79bJR0Ht7hr7OmTw-cF3P1Oiqg).
 
Since the 15th, it is estimated that a further 15 000 seals pups were needlessly slaughtered and beaten to death, because seal supporters found a price of $14 a seal to save 1 million seal pups over the next 10 years, a too high price to pay.
 
HSI's false reporting to its 11 million members on the 17th (http://www.hsus.org/hsi/press_room/press_releases/hsi_condemns_namibian_seal_slaughter_and_attack_on_observers_071709.html)  and again on the 22nd, (http://www.hsicanada.ca/wildlife/seals/namibian_buyout.html), deleting all references to Seal Alert-SA and other false claims, illustrates one intention, not to support the buy-out.
 
Seal Alert-SA's media release on the 23rd, demanding that World Society for the Protection of Animals instruct its member society in Namibia to charge the Sealers under the Animal Protection Act of 1962, hours later received the following response. (http://sealalertsa.wordpress.com/)
 
On the 24 July 2008, Seal Alert-SA receives the following email from Dr Debbie Gobson, "We (Namibia (Windhoek) SPCA Ex. Committee) are going to do what we can to stop the seal cull – at least until it can be done in a humane manner – on grounds of cruelty".
 
On the 28 July 2008, Dr Debbie Gibson sends Seal Alert-SA another email, "As I told you on the phone, I had a meeting with the lawyer which I felt was really very positive.  We are going to try 3 fundamental approaches:

1. We get the authority from the Henties’ Bay magistrate to stop the culling on grounds of cruelty.  It is not guaranteed that we will get the authority.
2. We get the concession holder’s licence revoked, take him/her to court and hopefully get them a huge fine
3. We lobby the Minister & PS to change the laws so that the cull will, ultimately, be stopped."

Seal Alert-SA appoints its own attorney, for a legal opinion (see below).

"In summary therefore it is our view that the Namibian SPCA, being the society who has powers under the Animals Protection Act, can in terms of such legislation act prevent the continued cruelty to the seals which you have indicated is evident from video footage and eyewitness testimony and is contrary to the Marine Resources Act provisions.

The Namibian SPCA, having consulted its legal advisers, should immediately approach the Magistrate at the Walvis Bay magistrate court for the necessary authority and/or warrant and thereafter have the policy services in the area assist in the execution thereof.

Please be advised accordingly."

On the 29 July 2009, Seal Alert-SA receives the following email. We act on behalf of the Windhoek SPCA, and will be providing legal advice to the SPCA on this matter.

Section 8 of the Animals Protection Act provides as follows:

“If authorised thereto by writing under the hand of the magistrate of a district, any officer or any society for the prevention of cruelty to animals may in that district – …”

(a) without warrant and at any time with the consent of the owner or occupier, or failing such consent on obtaining an order from a magistrate, enter any premises where any animal is kept, for the purpose of examining the conditions under which it is so kept;

(b) without warrant arrest any person who is suspected on reasonable grounds of having committed an offence under this Act, if there is reason to believe that the ends of justice would be defeated by the delay in obtaining a warrant;

(c) on the arrest of any person on a charge of an offence under this Act, seize any animal or thing in the possession or custody of that person at the time of the arrest and take it forthwith before a magistrate;

(d) exercise in respect of any animal the powers conferred by subsection (1) of section five upon a police officer and in respect of such exercise of those powers, the provisions of the said section shall mutatis mutandis apply.

On the 31st, Seal Alert-SA receives the following email from SPCA's attorney is Namibia: "Francois, We cannot act without the further instructions of the SPCA. (Please bear in mind that our firm acts on the SPCA’s instructions, and our formal mandate comes from them.) We have sought counsel’s opinion on both the APA and “arresting” the cullers as suggested by you, as well as the possibility of an urgent application on the basis of the culling being contrary to the provisions of the Marine regulations.

We will revert back to you, once we have consulted with the client. A consultation was held between Adv Corbett and myself yesterday morning and we decided it was not necessary to put together a written brief before he commenced looking at the matter. He has all the relevant information, as well as all correspondence forwarded by you and other interested parties.

Can we confirm that your organisation will only provide the SPCA with funding if your approach of “arresting” the cullers is followed?"

Francois Hugo of Seal Alert-SA, who has no locus standi in Namibia as I am not a Namibian citizen or authorised to act under the Animal Protection Act, is therefore required to work with the Namibian SPCA to bring about an end to the seal cull through the legal method of court action. Besides he costs of obtaining a magistrate's warrant of arrest, and an urgent application to review the culling, a high court review of the entire seal culling/conservation issue might need to be addressed urgently.

The Namibian SPCA and its attorney's are asking me to fund this, which I have undertaken to do within reason. An amount in excess of 500 000 is needed for high court and legal expenses.

If any supporter reading this, is interested in being part of this ground breaking attempt to legally end this "last baby seal cull on earth", and can assist with legal funding, to please contact Francois Hugo of Seal Alert-SA at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it , urgently.

Money is what will stop it now. I ask all those that made pledges for the buyout to please reconsider the above, and get in contact with me for the necessary banking details.

For the Seals

Francois Hugo Seal Alert-SA
Email: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
27-21-790 8774

http://sealalertsa.wordpress.com

 

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