HSI VS DFFE: COURT RULE FOR INTERDICTING PERMITS FOR HUNTING AND EXPORT

Published On: 19 May 2022By Categories: Latest News, News & Events

21 April 2022, Cape Town – The court action between the Humane Society International – Africa and the National Department of Forestry, Fisheries, and the Environment (DFFE) has progressed this month as Judge Patrick Gamble of the Western Cape High Court handed down his ruling on part A of the application.

Judge Gamble ordered the interim suspension of the allocation of hunting quotas for leopard, black rhino, and elephants in 2022 as a roll-over from the 2021 quotas. This interim suspension is granted on the basis that it prevents irreparable harm pending the final judgment. The judge based the “irreparable harm” finding on the hunt itself, meaning once an animal is hunted, this action cannot be reversed. An interim order is granted when the court accepts as correct until proved otherwise the potential that the applicant may succeed at a final hearing. It is not an adjudication on all issues.

It has become clear from the ruling that HIS-Africa’s primary case hinges on an administrative review. This case is not intended as a constitutional review of the applicable legislation, but rather on how the requirements of the law was administered by the Minister in allocating the trophy hunting quotas for 2022. This discourages affected third parties (such as WRSA) from joining the litigation where their only contribution will be to explain the financial impact of a review.

“Unfortunately, this leaves the industry in the unfortunate position of waiting on the final adjudication of the matter.”

The effect of the interim interdict is that the 2022 allocation will be the subject of a continued review. With respect to the further advice on all the implications as well as potential decisions to be made, WRSA has instructed legal counsel to seek the opinion of and Advocate and we will keep members updated with any further information as and when received.

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