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Captive bred lions case to be heard in Supreme Court

14th January 2010

By: Sapa

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The Supreme Court of Appeal (SCA) has decided to hear an appeal by the South African Predator Breeders Association on hunting captive bred lions in South Africa, a court official said on Thursday.

A SCA official confirmed that the decision was made by Appeal Court Judge Tom Cloete and Acting Appeal Court Judge Steven Majiedt on January 12.

The association's application to the SCA came after lion breeders challenged the validity of certain provisions of the Threatened or Protected Species (ToPS) regulations, drafted in terms of the National Environmental Management: Biodiversity Act.

These provisions dealt with trophy hunting of captive bred lions - commonly called "canned lion hunting".

The breeders wanted the removal of the provision requiring captive bred lions to be set free 24 months before being hunted.

The Bloemfontein High Court held that on the facts of the case there was no procedural unfairness in the development of ToPS regulations.

The court also found that it was practically and physically possible to comply with the provision requiring captive bred lions to be set free 24 months before being hunted.

It held that the argument by the breeders that the financial implications of this provision were too onerous was not relevant to the matter.

The breeders' application was dismissed with costs and later appeal proceedings in the high court also failed.

The SCA official said the matter could be heard in September or November 2010.

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