20 April 2005

South Africa high court OKs trophy hunting

The High Court ordered on Tuesday that game and trophy hunting on private game farms bordering the Kruger National Park could go ahead.

Judge William de Villiers had set aside the order of March 29 by the Limpopo provincial government in terms of which all hunting activities on these farms were suspended.

He also ordered that the provincial government must issue hunting permits, without delay, to the private game farms.

The order was granted provided it would not prevent the department from suspending hunting activities in future.

The suspension, however, must then be reasonable, lawful and procedurally fair, ordered the judge.

The applicants and the respondents agreed to the order.

The hearing followed an urgent application by Associated Private Nature Reserves, Timbavati Private Nature Reserve as well as the Klaserie and Umbabat nature reserves.

In January this year, the Limpopo local government department granted the private game farms permission to hunt, among other animals, elephant, buffalo and certain buck.

Regular game census done
Thomas Hancock, chairman of Timbavati, said in affidavits that hunting was regulated and a game census was undertaken in August and September each year.

This determined the number of a certain species, sex and even the age in respect of which hunting allocations were proposed.

The issuing of hunting permits to clients was a formality (once the allocations had been approved by the department) and the permit was issued only a few days before the hunting was due to start.

On March 29 this year, the provincial government suspended all hunting activities on the private game farms due to "conflict of interests".

However, earlier this month the provincial government revoked its suspension of the hunting activities and gave the private game farms the go-ahead.

The applicants said this did not change the situation much, because the local government department still refused to issue hunting permits.

Lorraine Pietersen of Timbavati told the court that when she applied for permits, she was told "...head office has not received any instruction to issue any hunting permits..."

'Not considered on merits'
Hancock said: "Even if the applicants are not technically precluded from applying for such permits, it is clear that their applications will not be considered on their merits."

The court heard the situation was urgent as trophy hunters from abroad were, in many cases, on their way to hunt on the farms.

The hunting season on many of the farms already had started, while others will begin this week.

The main hunting season was generally in the months between April and early September.

Hancock said the decision to suspend all hunting activities on land joining the Kruger National Park was irrational, in any event.

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