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Free State High Court (Bloemfontein) (Rampai and Van der Merwe JJ sitting as court of first instance):
The appeal succeeds, in part, with costs, including the costs of two counsel.
The order of the court a quo is set aside and replaced with an order in the following terms:
It is declared that the inclusion of the lion (panthera leo) within the definition of ‘listed large predator’ in the definition in regulation 1 of the Threatened or Protected Species Regulations published on 23 February 2007 as amended, would have the effect of rendering regulation 24(2), in its present form, invalid in so far as it applies to a ‘put and take’ animal that is a lion.
The relief claimed in respect of the definition of ‘put and take animal’ and regulation 60 is refused. No order is made in respect of regulation 71.
The respondent is to pay the costs of the application including the costs of two counsel.