Question NW2652 to the Minister of Environmental Affairs

FINANCIAL YEAR

NO. OF MATTERS

DETAILS

RELIEF SOUGHT

TIME PERIODS

2015/2016

nil

n/a

n/a

n/a

2016/2017

nil

n/a

n/a

n/a

2017/2018

1

NATIONAL COUNCIL OF SOCIETIES FOR THE PREVENTION OF CRUELTY TO ANIMALS VS THE MINISTER OF ENVIRONMENTAL AFFAIRS AND ANOTHER (LION BONES QUOTA)

This is an application brought by the National Council of Societies for the Prevention of Cruelty to Animals (NSPCA). It is an application which seeks to review and set aside the decision made by the Minister of Environmental Affairs in respect to setting a quota (2017, 2018) on the number of lion bone skeletons, with or without the skulls that may be exported in a calendar year. The application is a PAJA review, alleging that the decision made on the quotas is administrative action.

The application is seeking an order in the following terms:

PART A

1 Prohibiting the first respondent and/or the second respondent from issuing permits for the exportation of lion bone pending the finalisation of Part B of the application,

PART B

1 Declaring unlawful and unconstitutional the determination of the quota for 2017, 2018 and any further extension of the lion bone exportation quota as indicated and presaged in the notice, issued on 28 June 2017.

2 Reviewing and setting aside the quota under PAJA, alternatively under the Constitution.

Application received: 10.01.2018

Notice to Oppose: 12.02.2018

Record filed: 22.03.2018

(by agreement

with applicants)

The record of decision has been filed, along with a supplementary record. The NSPCA has not indicated formally whether they intend supplementing their papers. A “without prejudice” meeting was held between the Department of Environmental Affairs and its legal representatives, and the NSPCA and their legal representatives. The purpose and intention of the meeting was to explain to the NSPCA how the 2018 quota for the export of lion bones was established and to possibly reach a settlement out of court, however this could not be achieved.

The NSPCA has since indicated its intention to supplement its papers and to join all the relevant permit holders and applicants for permits for the export of lion bones and to have the matter set down and to bring an urgent application in terms of Part A of the original application. We await such supplementation and set down from the NSPCA.

From 01 April 2018

nil

n/a

n/a