The National Council of Societies for the Prevention of Cruelty to Animals (NSPCA) has failed in its legal bid to prevent Knysna Elephant Park (KEP) co-founder Lisette Withers from keeping elephants.
The KEP, home to some nine elephants, became embroiled in a three-year long court case when the NSPCA took on Withers over the transport of four elephant calves from Sandhurst Safaris in Toska in the North West province to Withers’ Elephants of Eden in the Eastern Cape.
The NSPCA – which has declared itself “vehemently opposed” to the practice of taking elephant calves from the wild to be placed in lifelong captivity – challenged the transport permit in court.
KEP previously denied allegations it “abducted” the elephants from the wild with the intent of placing them in captivity for its own benefit.
It said it had been told the orphaned elephants would be shot if they had not agreed to take them in.
“In no way was KEP ever involved in any decision to cull the mothers and leave the orphans behind,” it said.
But the NSPCA alleges the operation was flawed from the start and had issued proceedings out of the Grahamstown High Court against Withers, as well as Elephants of Eden – which no longer exists – and the Eastern Cape department of environmental affairs which issued the permit.
It wanted the permit to be set
aside.
But the calves were subsequently moved to the Eastern Cape in March 2013 and to the KEP in the Western Cape a year later, where they have lived since.
Withers immediately sought to amend their court papers, claiming that the relief sought by the NSPCA was moot because the elephants were now in the Western Cape, meaning the Grahamstown High Court no longer had jurisdiction.
The NSPCA, in turn, sought to amend their papers to a broader interdict preventing Withers from keeping the four elephants or any other elephant in her control irrespective or where they were kept.
But Judge Mandela Makaula said the effect would be to prohibit them from keeping any elephants despite the fact that the NSPCA had not made any allegations about the adequacy of the facilities at the KEP.
“The did not plead facts to support the allegations that – assuming they have control over the calves or other elephants at Knysna Elephant Park or anywhere in South Africa – ill treat and/or confine the calves or elephants.”
Judge Makaula said without evidence on how the calves were kept at Knysna Elephant Park, or whether Withers was even in control of elephants there, he could not conclude that the keeping of the elephants there was unlawful.
During the course of the case, Makaula was asked to decide five interlocutory applications. He found against the NSPCA in each one and ordered the organisation to foot the legal bill.
KEP staff said Withers was not immediately available for comment as she was en route back from Mozambique.
Neither NSPCA wildlife protection’s Isabel Wentzel nor special investigations head Wendy Willson said they had seen the judgment.
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The KEP, home to some nine elephants, became embroiled in a three-year long court case when the NSPCA took on Withers over the transport of four elephant calves from Sandhurst Safaris in Toska in the North West province to Withers’ Elephants of Eden in the Eastern Cape.
The NSPCA – which has declared itself “vehemently opposed” to the practice of taking elephant calves from the wild to be placed in lifelong captivity – challenged the transport permit in court.
KEP previously denied allegations it “abducted” the elephants from the wild with the intent of placing them in captivity for its own benefit.
It said it had been told the orphaned elephants would be shot if they had not agreed to take them in.
“In no way was KEP ever involved in any decision to cull the mothers and leave the orphans behind,” it said.
But the NSPCA alleges the operation was flawed from the start and had issued proceedings out of the Grahamstown High Court against Withers, as well as Elephants of Eden – which no longer exists – and the Eastern Cape department of environmental affairs which issued the permit.
It wanted the permit to be set
aside.
But the calves were subsequently moved to the Eastern Cape in March 2013 and to the KEP in the Western Cape a year later, where they have lived since.
Withers immediately sought to amend their court papers, claiming that the relief sought by the NSPCA was moot because the elephants were now in the Western Cape, meaning the Grahamstown High Court no longer had jurisdiction.
The NSPCA, in turn, sought to amend their papers to a broader interdict preventing Withers from keeping the four elephants or any other elephant in her control irrespective or where they were kept.
But Judge Mandela Makaula said the effect would be to prohibit them from keeping any elephants despite the fact that the NSPCA had not made any allegations about the adequacy of the facilities at the KEP.
“The did not plead facts to support the allegations that – assuming they have control over the calves or other elephants at Knysna Elephant Park or anywhere in South Africa – ill treat and/or confine the calves or elephants.”
Judge Makaula said without evidence on how the calves were kept at Knysna Elephant Park, or whether Withers was even in control of elephants there, he could not conclude that the keeping of the elephants there was unlawful.
During the course of the case, Makaula was asked to decide five interlocutory applications. He found against the NSPCA in each one and ordered the organisation to foot the legal bill.
KEP staff said Withers was not immediately available for comment as she was en route back from Mozambique.
Neither NSPCA wildlife protection’s Isabel Wentzel nor special investigations head Wendy Willson said they had seen the judgment.
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