
The EMSF has the right both to have the environment protected in terms of section 24 of the Constitution and to just administrative action in terms of section 33 of the Constitution.
Currently the permit provided by CapeNature to the Overstrand Municipality is causing unnecessary and inhuman baboon management practices.
CapeNature provided the EMSF, via PAIA, with a copy of the permit to the Overstrand Municipality. The permit expires on the 3rd June 2025 and allows the following actions (recorded in the addendum to the permit) and include activities normally prohibited by CapeNature:
The prohibited hunting methods authorized with this permit are:
The decision to employ these violent baboon management methods purports to constitute “the management, conservation and sustainable use” of animals for the purposes of section 2(a)(ii)(A) of the National Environmental Management: Biodiversity Act, 2004 (“NEM:BA”). Consequently, when taking such a decision it is mandatory to consider the wellbeing of the affected animals, includingthat of the vulnerable infant baboons.
By implementing this form of so-called baboon-management the Municipality is exercising control over this troop of baboons and by employing the harmful management measures referred to above,both the Municipality and the individuals involved, are unreasonably causing unnecessary suffering to the affected baboons.
This contravenes section 2(r) of the Animals Protection Act which prohibits the wanton, unreasonable or negligent doing, or omitting to do, any act, or causing or procuring the commission or omission of any act, that causes any unnecessary suffering to any animal. In short, such actions amount to a criminal offence.
Furthermore, section 28(1) of the National Environmental Management Act of 1998 (“NEMA”)requires the owners of land, among others, to take reasonable measures to prevent environmental degradation. In terms of section 28(3)(c), the measures may include ceasing any act causing such environmental degradation. The Overstrand Municipality with the permission granted byCapeNature is taking measures to drive a baboon troop out of its natural habitat – including theirnatural sleep sites
– by using such violent methods as permitted by CapeNature will lead to the premature lossof members of the troop, harming the troop and consequently the ecosystem in Pringle Bay -and therefore causing environmental degradation.
Importantly, in addition, we believe that we have ample evidence of severe contraventions to the permit. According to the permit “Failure to comply with the regulatory framework or any of the conditions upon which this permit was issued will result in further legal action by CapeNature(which may include the withdrawal or non-renewal of existing permits).”
Based on research, data and on the ground projects we are convinced that local people and civil society NGOs have both the expertise and the commitment to work with the Municipality to craft a humane baboon management programme that ensures both human and baboon wellbeing.
READ FULL LETTER TO CapeNature:
RESPONSE FROM CapeNature 16th April 2025:
Response to CapeNature from the EMS Foundation 2nd May 2025:
Response from CapeNature 2nd May 2025:
Image Credit: ©KVET April 2025
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