Local Government, Environmental Affairs and Development Planning

15.(1)

1. Animal welfare legislation in South Africa resides with the Animal Protection Act and Performing Animals Protection Act, which is assigned to the National Department of Agriculture. Licences issued in terms of this legislation for the exhibition of animals, as in this case, which addresses welfare matters/concerns, are issued by the state veterinary office.

CapeNature permits for facilities which keep animals in captivity for exhibition are conditional to applicants having obtained such licences. Inspections of facilities to keep wild animals for exhibition purposes are carried out by CapeNature for:  1) new permit application; 2) application for permit renewal, and 3) when complaints/information are received.

A permit renewal inspection at the Harry Giddey Park was conducted during February – March 2021. During this inspection, CapeNature officials assessed the size and construction of enclosures, and access to water and food as governed by the Nature Conservation Ordinance. Enclosures were found to be generally neat and clean with adequate drinking water.  Grass had been established in the tortoise enclosure by the Mossel Bay Municipality, following recommendation by CapeNature during a previous inspection. CapeNature will advise on certain notable animal welfare issues during an inspection, however the responsibility to ensure animal health and provision of veterinarian care when needed, is the responsibility of the applicant/permit holder. No welfare concerns were noted during CapeNature’s last inspection.

The SPCA administers the provisions of the Animal Protection Act, as it relates to the welfare of animals. CapeNature has a good working relationship with the Garden Route SPCA. CapeNature’s records indicate that the Harry Giddey Park permit to keep animals in captivity for educational purposes, expired in 2022. CapeNature has not received a renewal application or notification of animal welfare concerns.

2. CapeNature was informed on an animal welfare concern at Harry Giddey Park during November 2024, however the matter had already been broadcast on social media during October 2024. CapeNature was thus not involved in decisions to remove animals. CapeNature received a list of animals euthanised on 13 November 2024 from the Garden Route SPCA. Of the animals that remain, CapeNature will advise the SPCA on relocation of these animals.

(2) (a) The onus to apply for renewal of a permit rests with the permit holder and an issued permit specifies the timeframe when an application for renewal should be submitted to CapeNature. CapeNature does not distinguish between private and municipal facility permit applicants/holders and permit conditions are informed by the nature of the specific application. As such, non-compliance with permit conditions is not differentiated by applicant.

CapeNature deploys enforcement actions depending on the nature, extent and potential impact of the non-compliance. In appropriate cases, CapeNature considers administrative enforcement action to encourage corrective action, where such action is feasible and desirable, when permit conditions are not complied with, for example to increase the size of an enclosure to accommodate more animals than specified on the original permit, within a specified time frame.  If a state of non-compliance ensues, administrative enforcement action via a notice or criminal proceedings may follow.

2. CapeNature engages with local authorities on several matters related to biodiversity and nature conservation towards cooperative governance. In this matter, CapeNature made recommendations to support welfare of the animals, during inspections, although no welfare concerns were observed at the time (point 1(a) above). Upon becoming aware of the recent incident, CapeNature officials had a meeting with the Director: Community Services at Mossel Bay Municipality on 15 November 2024 to establish details around captivity permit renewals that were not undertaken, allegedly the result of staff turnover and changes in departmental park oversight. Discussions have since included establishing the most appropriate position within the Municipality to hold the permit for consistency and oversight and to track permit validity and permit condition compliance. It was recommended that the Municipality also prepare a facility management plan if they are going to keep wild animals/animals, going forward. The management plan should include animal enrichment, animal welfare and address the needs of the species on exhibit.
3. CapeNature was not informed by the Municipality nor is the Entity aware of the recent flooding and construction at the park.