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In 2022, the National Council of SPCAs (NSPCA) achieved a groundbreaking victory by ensuring the inclusion of wildlife welfare in the National Environmental Management: Biodiversity Act 10 of 2004 (NEMBA). NEMBA, which regulates South Africa’s biodiversity conservation and indigenous resource use. NEMBA had previously overlooked animal well-being. This amendment marks a turning point in wildlife protection.
Working with key stakeholders, the NSPCA fights to protect animals from human-induced harm. These stakeholders include the Department of Forestry, Fisheries and the Environment (DFFE). The updated legislation now acknowledges animals as sentient beings deserving of care. This victory links wildlife welfare to broader environmental rights, ensuring a more ethical approach to conservation.
The amended NEMBA defines “well-being” as:
- the holistic conditions that promote an animal’s physical, physiological and mental health, enabling them to adapt to their environment. Not everyone welcomed this change.
The SA Hunters and Game Conservation Association (SAHGCA):
- has actively opposed the inclusion of “well-being,” citing potential harm to their commercial interests.
In November 2024, SAHGCA attempted to challenge NEMBA provisions in the Constitutional Court without informing the NSPCA. The NSPCA responded swiftly. They filed an urgent application with the High Court, Gauteng Local Division, to block any settlement that excluded them. On December 16, 2024, the High Court awarded an interdict, ensuring the NSPCA’s voice would be heard.
This legal battle underscores the NSPCA’s unwavering commitment to animal welfare. Their success is bolstered by the invaluable support of Advocates Les Morison SC, Sam Martin and Bowman Gilfillan Law Firm. This milestone highlights the importance of protecting the well-being of South Africa’s wildlife for future generations.
Also read: Celebrating World Vegan Day 2024: Matilda’s story of hope!
