We drew your attention to the racist innuendos on the anti-baboon social media platforms, where some people used baboons to denigrate South Africans and have even compared baboons to members of a South African political party.

The EMS Foundation, interested stakeholders as well as residents of Pringle Bay, Betty’s Bay and Rooiels have anxiously been waiting for the announcement of an urgent stakeholder workshop to discuss the questionable decisions taken by the Overstrand Municipality and the rising tensions in Pringle Bay since 24 December 2022.

On the 28 August 2023, five organizations, based in the Overstrand, officially requested an urgent public consultation with your office because of the mounting tensions in Pringle Bay.

On the 14 September 2023 our environmental lawyers addressed yet another urgent communication to your office advising you that the information that you rely upon concerning the baboon’s behaviour in Pringle Bay was incorrect and unscientific. This communication was neither acknowledged or considered, instead the Overstrand Municipality chose to engage with a small group of residents of Pringle Bay. Based on that one-sided engagement and their unscientific and non-verifiable information, procedurally unfair and flawed decisions have been made. As a result, the Overstrand Municipality has never been able to explain the improper use of public funds and public services on the 20 September 2023 in Pringle Bay.

While municipal buildings and vehicles were burning in the Swellendam Community protests by people who were struggling to afford access to basic services, in a show of disrespect of ratepayers and residents of the Overstrand, resources were used to hunt a single baboon based on absolutely no scientific or verifiable information.

The same anti-baboon group of individuals, (outspoken on social media and with whom the Overstrand Municipality openly engages), attempted to excuse the excessive show of force to the fact that there were pro-baboon protestors at the entrance of Pringle Bay. There is no evidence of any such protest, we have an abundance of video and photographic evidence to prove this.

The EMS Foundation undertook a 30-day study of various, disturbing incidents that took place in PringleBay from September until October 2023. Besides other, serious concern was raised by Pringle Bay residents about the lack of training and the trespassing on private property by the Overstrand Municipal Eco Rangers, the chasing of baboons on the beaches restricted areas and over the sensitive fynbos areas, wilfully disregarding the Overstrand Municipality’s own bylaws. This information was not acknowledged or considered, no interventions were made and as a result the criminality has escalated in Pringle Bay.

The EMS Foundation published a media statement on the 19th October 2023 the contents of this media statement are as relevant now, as they were then:

The EMS Foundation has publicly challenged the currently held provincial attitude that Chacma baboons are of the lowest conservation concern and our research points to the fact that the continued existence of this species is being threatened.

Intensive research of the management of baboons in the Cape Peninsula and the Overstrand over the past decade has highlighted the fact that the protocols established to manage baboons were instituted by a baboon management company and adopted without a public participation process by the City of Cape Town Municipality, CapeNature and the Overstrand Municipality.

Tens of millions of rands of taxpayers’ money has been spent on attempting to manage baboons using these protocols, which according to the available data and expert and public opinion, have not been successful for baboons or humans. These protocols to their very core must now be closely examined. Baboon management at the very least requires a flexible, dynamic and compassionate approach.

Pringle Bay is registered as a Conservancy and is part of the Kogelberg Biosphere Reserve, a UNESCO Heritage Site. The Kogelberg is considered the heart of the Cape Floral Kingdom. The municipality, residents, visitors, property and business owners have a critical responsibility to protect and preserve the flora and fauna within this pristine natural environment.”

The EMS Foundation raised objections to the Overstrand Municipality Adapted Baboon Management Plan on the 2 May 2024. In the objection we also noted the Overstrand Municipality’s decision not to engage with us or with any of the organisations based in the Overstrand or nationally, to the detriment of the safety of residents, their property and the livelihood of the baboons:

  1. The EMS Foundation supports the work of a community driven baboon programme in the Kogelberg, where locally engaged, properly trained and vetted personal collect data on the baboon behaviour, operated by a locally based NGO. This team of men and women have meticulously collected data about the baboon behaviour more than a year under very trying circumstances.
  2. South African primate organisations who are members of the Wildlife Animal Protection Forum of South Africa, a forum consisting of thirty organisations who are all also members of the ministerial appointed Wildlife Well-Being Forum, are in full support of the community programme and this NGO.
  3. It is regrettable that the Overstrand Municipality has publicly maligned the necessity of this important data collection process. The community run organisation has also repeatedly requested meetings with the environmental department to discuss the information that has been collected, to no avail.
  4. The data collected suggests that baboons are attracted to the present waste transfer site which is atthe entrance of Pringle Bay village. Built many years ago it has outgrown its purpose. The current design does not allow for the waste to be secured so it has become a seven-day week all day and night restaurant for the baboons. The community-led programme has engaged with locally based businesses who are qualified to rebuild the dump site in such a way that the waste will be secured. The EMS Foundation agreed to fund these costs. The design and a full proposal were presented to the waste management department at the Overstrand Municipality and whilst they were very enthusiastic at the time, apparently, the Ward 10 Counsellor, Theresa Els, was of the view, unacceptably and incredulously, that there may be an ulterior motive for this offer and has never bothered to acknowledge the generous offer whilst at the same time admitting that the Overstrand Municipality does not have the budget to carry out this refurbishment themselves.
  5. The most damaging part of the current untenable situation is that representatives from the Overstrand Municipality, whilst refusing to speak to the EMS Foundation or the local NPC, have instead chosen to engage only with residents who would prefer to have the baboons permanently and violently removed from the village.
  6. Ignoring any semblance of neutrality, the Overstrand Municipality position is leading to an upsurge in violence not only towards the baboons but of greater concern is the escalating level of violence displayed towards women who are collecting data.
  7. In the above-mentioned Plan there are no links or references provided which enable further engagement by persons seeking to understand particular proposed actions, and it is replete with unarticulated assumptions, generalisations and lack of terminological precision or explanation. It falls short of what is expected of a rational and lawful government strategy / plan/ policy. The Plan reflects critical failures in relation to transparency, public participation and accountability. There has been no opportunity for stakeholders and civil society to access the document or the plan, convene and discuss its import. We are not aware of any road-shows assisting in explaining it to the public and, overall, it reflects a top- down approach to policy making at odds with legal requirements for public participation and best practice.
  8. We draw sharp attention to the requirements of public participation in section 99 read with 100 of NEM:BA; the principles of NEMA; section 4 of the Promotion of Administrative Justice Act, 3 of 2000; and the repeated emphasis on meaningful consultation and public participation in environmental matters by the courts.
  9. It is implicit in the South African constitutional scheme that environmental plans / policies / strategies must contribute to the right of everyone to have the means that any strategy must be conditional on contributing to short-, medium- and long-term environmental protection. Section 24(b)(iii) of the South African Constitution is one of three distinct obligations imposed on the State which give effect to the section 24(b) “environmental protection” right. The obligation to prevent environmental harms is a discrete obligation imposed by section 24(b)(i), while the obligation to promote conservation is imposed by section 24(b)(ii).

Given the municipality’s continued spirit of non-engagement, on 31 May 2024 the EMS Foundation was forced to submit a Letter of Demand via our attorneys, Cullinan and Associates, about the use of inhumane baboon management methods in Pringle Bay. The content of the letter confirms that no substantive response was received from you or your office, except for the confirmation of your decision not to engage with our lawyers or the EMS Foundation which unfortunately negates any opportunity for a meaningful consultation.

Of critical importance, is that you have refused to support the mediation initiative for Pringle Bay which was requested by a senior Prosecutor at the Caledon Magistrates Court.

As the violence between residents continues to escalate in Pringle Bay, the Pringle Bay ratepayers association, which is not representative of the majority of the residents, was urged by the Overstrand Municipality to publish an opinion poll about whether the mediation was necessary. The results of this poll therefore do not represent the opinion or wishes of the majority of the residents in Pringle Bay.

It must be noted that the same group of people who have openly advocated for the violent, illegal removal of baboons and have rejoiced openly about the vandalism in Pringle Bay did not want to take part in any mediation process. They publicly denounced such an initiative.

The current untenable situation in Pringle Bay is confounded by the appointment by the Overstrand Municipality of poorly trained Eco Rangers who have been purposefully tasked to harass and chase the baboons across the public beaches, across the lagoon and up the mountains towards the villages of Betty’s Bay and or Rooiels.

Similar actions to force the baboons into an area which could cause suffering and possible loss of life were carried out by the baboon management company Human Wildlife Solutions. Cullinan and Associates, environmental lawyers, acting for the EMS Foundation, previously reminded the Overstrand Municipality that such actions that cause the disturbance of ecosystems and loss of biological diversity should be avoided in terms of section 2 of the National Environmental Management Act, 107 of 1988. Concerns are being raised as why the baboons are being chased across the public beach which are frequented by residents, visitors and unaccompanied children.

We are aware of the information that has been presented to your office which includes affidavits from numerous residents in Pringle Bay as well as video and photographic evidence of the questionable behaviour of the aforementioned Overstrand Municipality staff. This includes various and numerous acts of cruelty to the baboons, shoplifting, the purchase and consumption of drugs whilst on duty, trespassing and defecation on residents properties.

It is a great pity that the municipality has shown a lack of empathy and concern for victims of violence and has refused to publicly condemn the following criminal acts:

Killing of Baboons – four baboons have been purposely killed by residents in 2024. Two baboons died as a result of multiple pellet gun internal injuries and furthermore, the autopsy reports confirm that the female baboon was pregnant and almost full term. One baboon was witnessed as being purposefully run-over by a business owner in Pringle Bay. R52000.00 has been offered by ordinary residents of Pringle Bay as a reward for information leading to the arrest of the baboons killers. This generous sum of money should indicate to your office the level of concern for the safety of baboons in Pringle Bay.

Tyre Slashing – Liezl Smith who volunteers for the Kogelberg Environmental Trustees, has had all four tyres of her motor vehicle slashed on two separate occasions. The first time this happened was when her car was parked on municipal property and in a public area near the beach. The second time, the perpetrator(s) gained unlawful entry to her property and slashed all four of tyres of her vehicle in the driveway of her home. On Sunday 8th December a further two residents, both of whom have publicly asked questions about the Overstrand Municipality Environmental Department’s current baboon management plan, had their tyres slashed.

Vandalising of Vehicles – several days ago Liezl Smith’s car was vandalised in the driveway of her home. Enamel paint was thrown all over her car and her driveway.

Finally, the ongoing and concerted decision not to acknowledge any of our correspondence, the failure to engage with us and with any of the numerous organisations in the Overstrand with whom we are aligned, and the failure to address the seriousness of the escalating criminal behaviour in Pringle Bay is noted.

[1] Mr Lusani Madzivhandila the Chief Director of Leadership and Human Resource Reviews, Leadership Management Practices at the Office of the Public Service Commission https://www.dpsa.gov.za/thepublicservant/2024/08/13/building-an-ideal-public-servant-is-it-possible/

©EMS Foundation 2024. All Rights Reserved.