Featured Work
The Animal Law Project releases:
“A Manifesto for Transforming Animal Protection in South Africa: A Constitutional Imperative”
Read the Manifesto Here
The Animal Law Project (ALP) is a collaborative effort originally initiated by three organisations (SAIFAC, ALRSA and HSI-Africa), which focus across areas of human rights, justice, animal law, animal welfare and protection respectively. Now led primary by ALRSA and HSI-Africa, in collaboration with dozens of other organisations, the ALP’s primary objective is to transform animal protection legislation in South Africa to align it with the new constitutional dispensation.
The Animal Law Project’s Website can be found here.
Please also check out and follow the ALP on Facebook and Instagram.
Watch this space! We are planning further actions soon!
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Foundations of Animal Law Course
Programme Overview:
Who Should Attend?
Important Dates:Read more here
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SALAWA Project
South African Law and Welfare of Animals Book Project
This project entails Professor Melanie Murcott and Attorney Amy P. Wilson (both directors of Animal Law Reform South Africa), authoring (with others) and co-editing the first comprehensive, peer-reviewed book on animal law on the African continent, Animal Law and Welfare in South Africa. The book is contracted to be published by Routledge (Taylor & Francis). Other ALRSA board members, Professor David Bilchitz and Attorney Tokyo Ndlela will also be authoring chapters of the book.
This critical, interdisciplinary book will firmly establish animal law as a field in South Africa. Contributing authors in the disciplines of law, veterinary science, sociology; neuroscience, and conservation, among others, navigate key aspects of human and nonhuman animal relationships, and the regulatory regime governing them.
The book comprises four sections. Chapters in section 1 justify and lay the foundations for animal protection in law and explore human and nonhuman animal relationships in the global and South African contexts through socio-legal, scientific, and historical analyses. Chapters in section 2 are primarily descriptive, giving a holistic understanding of the regulatory regime, and drilling into distinct areas, including the constitutional protection of animals, governance of farmed animals, and biodiversity protection. Chapters in section 3 probe animal law in practice by examining the roles of stakeholders such as indigenous peoples, corporations, and veterinarians. Chapters in section 4 discuss future-looking perspectives and the need for animal law reform.
It is expected that the book will be published in mid-2025.
So, watch this space!
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Detailed Reports, White Papers and Websites
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Animal Law Reform South Africa’s
LAYing Down the Facts Project Report
In recognition of Women’s Month this August, Animal Law Reform South Africa is pleased to release its Report: “Laying Down the Facts – the Animal Welfare Standards of the Companies Providing Your Favourite Foods.” Millions of nonhuman animal women are exploited each and every year in animal industries including but not limited to the egg and dairy industry. This Report aims to “eggspose” important issues relating to the Egg Industry in South Africa. It forms part of our Corporate Accountability Programme and is a culmination of phase 1 of a Project which began in June 2022.
In our Report we provide information on the Egg Industry in the country and our research highlighting how this industry impacts on issues relating to animal welfare, the environment, food safety and health, social issues and rights, consumer protection and business and corporate matters. We further set out our rating of 36 (or 3 dozen) selected stakeholders based on our developed criteria and indicators and information obtained through the legal process of PAIA (Protection of Access to Information Act). Finally, we provide recommendations to ensure animal welfare and corporate accountability for those impacted by and playing a role in the Egg Industry, including through transparency and co-operation.
Did you know?
- Approximately 1 billion chickens are killed every year for food in South Africa at the hands of the Poultry Industry.
- This number does not include the millions of Egg-Layer Hens used in the Egg Industry nor the thousands of baby male Chicks who are killed in the Egg Industry each year.
- In 2021, the national layer flock of hens comprised 26.85 million hens in South Africa.
- Over 86% of Egg-Laying Hens in South Africa are confined to live in Battery Cages.
- 8,480,400,000 eggs were produced in 2021. South Africans consume between 150 and 159 eggs per capita, and this number is increasing.
- Chickens are sentient beings worthy of human protection and consideration. They have been shown to exhibit various capacities and capabilities, including that they: have visual and spatial capacities; some understanding of numerosity; can demonstrate self-control and self-assessment; communicate in complex ways; the capacity to reason and make logical inferences; perceive time intervals and may be able to anticipate future events; behaviourally sophisticated; complex negative and positive emotions; and have distinct personalities.
- In the Egg Industry, chickens suffer terribly due to various Cruel Practices, including the use of Battery Cages, the culling of male Chicks, and others. Cruel Practices within the Egg Supply Chain negatively implicate not only animal welfare but also the environment, human rights, social justice, consumer protection, and food health and safety, among other issues.
Against this background, ALRSA has undertaken the Project entitled: “Laying Down the Facts: the Animal Welfare Standards of the Companies Providing your Favourite Foods” subtitled “Corporate Accountability in the Egg Industry” in order to:
- foster public and consumer interest and understanding of the regulatory and policy regime governing farmed animals; and
- incentivise and promote accountability from Corporations in relation to their farmed animal practices (including in relation to improved transparency), and in so doing, encourage improved practices relating to animals in the Egg Supply Chain (including through Cage-free Commitments from South African retailers, restaurants, fast food chains, hotels and others).
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Animal Law Reform South Africa’s
Laying Down the Facts Project
Dedicated Website on the Egg Industry in South Africa
Click here to check out our website
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Animal Law Reform South Africa’s
Food Systems White Paper
Click here to view our White Paper
16 October 2022 was “World Food Day” – the theme for this year was “Leave no one behind”. However, our current food system leaves many behind – millions of people who suffer from severe food insecurity as well as the billions of animals used and killed for food.
In 2o22, in recognition of this day, ALRSA released its first White Paper, entitled: “Sowing the Seeds of Change – Towards a More Just and Inclusive Food System in South Africa”. This White Paper is the culmination of the Project which began in March 2022 and which explores the barriers to transforming South Africa’s food system. Specifically, it focuses on law and policy to initiate change.
The White Paper calls on the South African Government to develop a robust regulatory ecosystem which moves away from intensive and industrial animal agriculture and production towards alternatives to such systems which include plant-based alternatives and cellular-based alternatives.
It does this to ensure greater protection for nonhuman animals as well as for humans and the environment.
Through a detailed analysis, we recommend the South African Government initiate 15 main Recommended Interventions which range from regulatory to research to education.
We call for a food system built on seven key Pillars:
Pillar 1: The Food System Must Protect Human Rights and Advance Social Justice
Pillar 2: The Food System Must Protect the Environment
Pillar 3: The Food System Must Protect Animal Interests
Pillar 4: The Food System Must Promote Nutrition, Human and Animal Health and Food Safety
Pillar 5:There Must Be Accountability and Transparency
Pillar 6: The Food System must be Financially and Internationally Responsible
Pillar 7: The Food System Must Be Properly and Fairly Governed and Regulated*
We call for swift and immediate action as well as transparency and accountability on government and industry – in order to ensure that – on this World Food Day, NO ONE is truly left behind.
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Working Paper: Barriers to the Transformation of South Africa’s Food System:
Can the Law be a Lever for Change?
Click here to read the Working Paper
18 July is Mandela Day in South Africa, the birthday of former president Nelson Rolihlala Mandela.
The theme for this year is “An intersection between food security and climate change.”
In recognition of this, Animal Law Reform South Africa is excited to release its Working Paper for its Project entitled: “Barriers to the Transformation of South Africa’s Food System: Can the Law be a Lever for Change?”
The purpose of this Project and its various components is to conduct a diagnostic analysis of barriers to the transformation of South Africa’s food system to inform advocacy for the reform of the regulatory regime to promote farmed animal welfare, human rights, health, and environmental protection and to provide for a phased shift away from dependence on intensive animal agriculture and animal-based protein and move towards alternative systems and proteins including those which are plant, fungi, and cell-based.
More specifically, this Project intends to draw attention to the regulatory gaps that exist in these areas and identify opportunities to grant greater protection to animals, humans and the planet.
There is a vast gap in knowledge, information, research and transparency around farmed animal agriculture in South Africa. This transcends many issues including the numbers of animals implicated; methods of production; animal welfare and treatment; environmental practices; use of antibiotics; food safety; human health; social justice; worker safety and wellbeing; economic impacts and the true cost of such products; among many others. Accordingly, this Working Paper hopes to go some way at bringing to the surface information which can be used by those working in this sector to advocate for better regulation and practices that are more ethical, sustainable and in pursuit of social and inclusive justice.
It aims to highlight gaps, potential items for further research, debate and discussion and identify matters to be explored further for purposes of the White Paper.
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Recent Work: Submissions
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AQUACULTURE SUBMISSION
On 29 January 2024, Animal Law Reform South Africa provided our submission on the Draft Aquaculture Development Bill in respect of the call for public comments published in Government Gazette Notice No. 49736 dated 17 November 2023 in respect of the Draft Aquaculture Development Bill (the “Draft Bill”).
Click here to read our Submission
While we commended the Department of Forestry, Fisheries, and the Environment’s efforts to provide for formal regulation of a currently under-regulated industry and for its inclusion of various provisions that promote important aims, specifically in relation to the protection, well-being and welfare of aquatic organisms, we are of the view that, there are many instances where the Draft Bill needs to provide for more robust protection for the interests of animals, well as the protection of the environment and people.
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LIONS: PROHIBITED ACTIVITIES SUBMISSION
On 21 November 2023, Animal Law Reform South Africa provided our submission in respect of the Draft Notice Prohibiting Certain Activities Involving African Lion (Panthera leo) published in Government Gazette Notice No. 49383 dated 29 September 2023.
Click here to read our Submission
In our submission, we commend the Department of Forestry, Fisheries, and the Environment’s steps in respect of the publishing the Draft Notice, and the Department’s intention to prohibit the establishment or registration of new captive breeding facilities, commercial exhibition facilities, rehabilitation facilities or sanctuaries in respect of the live specimens of African lion. We request that the Department define certain terms differently including that of “sanctuary” and “rehabilitation centre” in order to avoid potential abuse. In addition, we call for clarification on certain terms utilised (such as “public function”), request removal or limitations of exceptions and exemptions to prohibitions, and provide other important considerations for the Department to ensure the abhorrent and repulsive captive lion industry is shut down as soon as possible.
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FOOD LABELLING SUBMISSION
On 21 September 2023, Animal Law Reform South Africa provided our submission in respect of the Draft Regulations regarding the Labelling and Advertising of Foodstuffs under the Foodstuffs, Cosmetics and Disinfectant Act 54 of 1972 published in Government Gazette Notice No. 47965 dated 21 April 2023.
Click here to read our Submission
In our Submission, we note the importance of Department of Health (the “Department”) taking steps in respect of the drafting of these regulations and that issues around the labelling of food in South Africa have many potential far reaching implications including for humans, animals and the environment. This includes but is not limited to health, guaranteed constitutional rights, consumer protection matters and others. Not only are human animals are impacted by current food systems and food labelling, but trillions of non-human animals are implicated in the production of food.
These Draft Regulations present an opportunity to provide a more just food system through transparency. They have the potential to fulfil many constitutional aims and obligations of the government as well as aims in important legislation, including but not limited to the Consumer Protection Act, 2008; the Companies Act, 2008; the Animals Protection Act, 1962 and environmental legislation (including but not limited to the Climate Change Bill; NEMA and the Carbon Tax Act).
We implore the Department to consider these opportunities and regulate holistically these matters in the pursuit of food justice, environmental justice, animal justice and social justice more broadly. We encourage the Department to consider research in these areas (including our research as aforementioned) and particularly for purposes of the Draft Regulations, to guard against practices of “humane-washing”, “green-washing” and other types of “washing” wherein products are labelled and otherwise marketed in a manner that misleads or deceives consumers.
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Educational Initiatives
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ANIMAL LAW SHORT COURSE: SUCCESSFULLY COMPLETED! (2023)
For the second year in a row, the “Foundations of Animal Law” short learning programme at the University of Johannesburg was concluded successfully in 2023.
After debuting in South Africa (and Africa) in 2022, this is the second time the animal law course was offered, and was co-developed and co-taught by Animal Law Reform South Africa’s co-founders and directors, Professor David Bilchitz and Amy P. Wilson.
Click here to read the Brochure
The course will be held fully online and will provide learners with a convenient and accelerated opportunity to learn about this exciting field. This programme will introduce learners to the way in which the law and policy intersects with animals and explore cutting edge legal developments in this area. It will provide an understanding of the main regulatory framework governing animal law in South Africa and further analyse the gaps, realities and opportunities for providing greater protection for animals in law and policy.
The programme is held online in the evenings and is broken down into approximately 10 sessions. It features a range of interactive content, including live video lectures, a selection of materials and case studies and access to various further educational resources. The lecture portion of the programme will take place with one to two lectures per week between April 2023 and June 2023 with exact dates to be confirmed, culminating in the requirement to write a detailed position paper at the end of the course (for which another few weeks will be provided).
Delegates who successfully complete the programme will qualify for a certificate from the University signalling their completion of the course.
The course has been approved for 28 CPD points with the South African Veterinary Council.
The closing date for applications is 31 March 2023.
You can find more information on the course including the application process and the fees here: https://www.uj.ac.za/wp-content/uploads/2021/11/slp-animal-law-_-a5-brochure-_-feb-2023-_-web.pdf
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Constitutional Law and Nature Short Course: (November 2023)
A new course: “Constitutional Law and Nature” was taught at the University of the Western Cape between November 2023 and December 2023.
The course is co-developed and co-lectured by Animal Law Reform South Africa’s Executive Director, Amy P. Wilson, together with Dr. Angela van der Berg, Director of the Global Environmental Law Centre (GELC) at UWC.
Click here to read more about the Course
This this pioneering and brand-new module is included in the Environmental Law LLM Program and aims to challenge existing planetary governance systems and to question their appropriateness to deal with the current realities facing Earth. Furthermore, it will interrogate concepts of justice and who or what is deemed worthy of protection in legal systems around the world.
Over the semester, this module will examine the philosophical and jurisprudential bases for the current status of stakeholders including Nature and non-human animals in contemporary legal systems and will discuss the history of, and future trends, regarding that status. Against the background of realities and the new constitutional dispensation in South Africa, students will critically engage withe the various scientific, ethical and public policy considerations which are implicated in balancing the interests of human beings, Nature as well as non-human animals.
Some of the topics covered in this module include: legal personhood and rights of Nature, animal rights and animal welfare, sustainability, development, transformative environmental constitutionalism, Earth jurisprudence, social justice, intrinsic worth, standing, adjudication and enforcement mechanisms; the role of specific stakeholders including government and corporations; and future forward approaches to governance beyond planet Earth.
To read more about the course, see here.
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Foundations in Animal Law Course at the University of Johannesburg (2022)
From May – August 2022, two of Animal Law Reform South Africa’s co-founders and board members (Amy P. Wilson and Professor David Bilchitz) initiated, designed, developed and taught the first Animal Law course at a South African University. The course was a Short Learning Programme offered by the University of Johannesburg, Faculty of Law and entitled: “Foundations in Animal Law”. The programme had students across disciplines and interest areas including lawyers, veterinarians, NGO leaders and employees, governmental representatives, industry representatives and others.
This was the first foundational Animal Law course offered in South Africa and one of the first on the African continent. We are extremely proud to have kick-started the be pioneering the Animal Law education movement and looking forward to see it grow even further over the coming years.
Click here to read the Course Brochure
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Litigation
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Court Approached to Release Three Elephants from the Johannesburg Zoo
Click here to read the Official Statement
On 20 June 2022, an application was lodged in the High Court of South Africa in the Gauteng Division, Pretoria, to release three Elephants−known as Lammie, Mopane and Ramadiba− from the Johannesburg Zoo into a rewilding facility. These Elephants are currently being held in conditions unsuited to their basic needs.
The application is brought by Animal Law Reform South Africa (ALRSA), the EMS Foundation and Chief Stephen Fritz, represented by environmental law firm, Cullinan and Associates, who have brought this application against the Johannesburg City Parks and Zoo (JCPZ), and other governmental respondents involved with the Zoo.
In a ground-breaking case, which is also a South African first, legal remedy is being sought to have these Elephants released to live out the remainder of their lives in a natural environment and where the conditions are commensurate with the innate needs and nature of Elephants.
Leading global Elephant experts have attested to the fact that Lammie, Mopane and Ramadiba are highly intelligent, socially complex and sentient beings who are living in conditions that are adverse to their well-being, and are as a result in a state of distress. The conditions offered by the Johannesburg Zoo do not meet their fundamental physical, mental and emotional needs.
Lammie, Mopane and Ramadiba, the named Elephants living at the Johannesburg Zoo, South Africa
Image Credit: ©The EMS Foundation, November 2021. All Rights Reserved.
Click here to read the Court Papers:
Part 1 | Part 2 | Part 3 | Part 4 | Part 5
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Older Submissions and Work
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Meat Safety Act Exemption Submission
On 23 November 2022, Animal Law Reform South Africa provided our Submission on South Africa’s Draft Exemption from section 11(1)(i) of the Meat Safety Act, 2000 (Act No.40 of 2000) for the slaughter of game animals published on 23 September 2022.
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Click here to view our Submission
In our Submission, we reject the proposed amendment to / exemption from the Meat Safety Act in its entirety. The Exemption is not only dangerous, unreasonable, irrational and irresponsible, but it is a threat to public health and safety and infringes on guaranteed constitutional rights. It also has major implications for public health and safety, the health and safety of workers, environmental health as well as animal health and welfare. We note that proceeding with this amendment would have potentially disastrous consequences which would be felt far outside of our borders.
In addition to these valid and overarching concerns, we note that the Exemption represents a massive regressive step with regard to food security, environmental protection, animal welfare, sentience and intrinsic value of the wild animals. Furthermore, the Exemption is providing an opportunity for major health and safety risks for abattoir workers and consumers at large.
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Revised Draft White Paper Submission
On 11 November 2022, Animal Law Reform South Africa provided our Submission on the Revised Draft White Paper on the Conservation and Sustainable Use of South Africa’s Biodiversity published on 28 October 2022.
Click here to view our Submission
In our Submission, we strongly support and applaud the progressive elements of the Revised Draft White Paper which represent positive steps forward to protect Nature, animals and human rights, specifically the right to environment as contained in section 24 of the Constitution.
We note however, that while there are certain aspects of the Revised Draft White Paper which are important and welcomed, it is a serious regression from the Original Draft White Paper published in July 2022. In many respects, it appears to be an extremely watered-down version of many potential progressive inclusions and without the explicit incorporation of such inclusions, it cannot hope to achieve the impact statement of “Thriving People and Nature”.
Many inclusions reflect the problematic “old regime approach” to the environment and animals, which includes promoting economic interests in the name of “development” and “use” and treating Nature and animals as mere resources, property and commodities. This fails to recognise both societal and legal developments which recognise their intrinsic value as individual entities. Such approach can neither be considered to be sustainable nor considered as conservation. The wording of section 24 explicitly requires that any use and development be “ecologically sustainable”, and furthermore, such right needs to be read in light of the remainder of the wording right and with reference to recent developments.
These and other factors which we have elaborated on in our Submission as well as our Original Submission, are not properly reflected in the Revised Draft White Paper. As such, the reflection of this “old regime” and regressive steps are inconsistent with the government’s obligations in terms of section 24. Most notably, these include removal of “intrinsic value” as a guiding principle as well as provisions relating to animal sentience, wellbeing and welfare.
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Draft White Paper Submission
On 26 September 2022, Animal Law Reform South Africa provided our Submission on South Africa’s Draft White Paper on the Conservation and Ecologically Sustainable Use of South Africa’s Biodiversity published on 8 July 2022.
Click here to view our Submission
In our Submission, we welcome the development of the Draft White Paper in response to fill an existing policy gap due to the lack of an approved, over-arching policy on biodiversity. We further welcome and applaud the sentiments expressed by the DFFE that “we need to do things differently”, that there needs to be a “New Deal” for people and Nature (including animals) and that people as well as Nature (including animals) should thrive.
In this light, we welcome the inclusion of concepts such as Ubuntu, animal sentience, and the One Health and One Welfare approach.
Furthermore, we support the inclusion of Indigenous Knowledge Systems as being foundational to a thriving biodiversity economy, provided that their intellectual property and the integrity of their knowledge systems is appropriately implemented respecting and promoting animals and their welfare concerns.
For too long, there has been a reliance on an exploitative and extractive model based on colonial ideologies which has benefited very few at the expense of many and which has compromised and infringed on the guaranteed constitutional rights of South Africans, under the guise of conservation and while promoting a limited understanding of property rights at the expense of others. As acknowledged, this problematic model needs to come to an end to ensure the protection of our shared heritage and to secure the rights of present and future generations.
As is noted, the lack of a uniform standard for conservation and sustainable use as well as misinterpretation, abuse and misuse of these terms has led to dire consequences, and we are happy that our calls for a transformative approach have been heard.
We then propose that the transformative and paradigm shifting sentiments be consistently captured throughout the entirety of the document.
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Draft Game Meat Strategy Submission
On 26 September 2022, Animal Law Reform South Africa provided our Submission on South Africa’s Draft Game Meat Strategy published for public comment on 18 July 2022.
Click here to view our Submission
In our Submission, we call on the Department of Forestries, Fisheries and the Environment to withdraw the document in its entirety. In our view the document is fundamentally flawed and cannot be cured through amendments, regardless of how comprehensive such amendments are, due to the basis of the document also being problematic and not aligned with the Draft White Paper on the Conservation and Sustainable Use of Biodiversity in South Africa (among other reasons). If the Department refuses to withdraw the document, despite its flawed nature, we provided a few non exhaustive comments on the Draft Game Meat Strategy for consideration.
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Sign Ons
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Click here to read the Joint NGO Position on Trophy Hunting
In a Joint Position Paper, 137 conservation and animal protection organisations from all around the world, including 45 NGOs from African countries, speak out against trophy hunting and urge policy-makers to ban imports. Animal Law Reform South Africa is proud to be one of the signatories of the Paper.
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Click here to read the Joint Response to the Communique issued by DALRRD on Meat Analogues
On 30 June 2022, Animal Law Reform South Africa joined dozens of local and international organisations in a Letter Response to the Department of Agriculture, Land Reform and Rural Development’s Communique to the Stakeholders of meat analogue products dated 22 June 2022 (the
“Communique”). In the Letter, the organisations respectfully request that the Department withdraw the Communique and commence
with discussions regarding the proposed new regulations for meat analogues with the
relevant stakeholders and other interested parties.
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Draft Climate Change Bill Submission
On 27 May 2022, Animal Law Reform South Africa provided our Submission on South Africa’s Draft Climate Change Bill published for public comment on 20 April 2022.
Click here to view our Submission
In our Submission, we raise issues around Constitutional Considerations; the Anthropocentric Framing of the Bill; the Failure to include other members of Earth, including Nonhuman Animals, their intrinsic value and welfare in the Bill; the Need to Include Key Sectors and Activities (such as animal agriculture and aquaculture and wild-caught fishing); Failure to Recognise the Climate Emergency / Crisis; the Need to Protect Climate Change Tools (such as carbon sinks); the Failure to Recognise Impacts on Vulnerable Groups; Lack of Transparency, Accountability and Action; Insufficient Targets and Obligations; Inadequate Enforcement and Compliance Mechanisms; Lack of Obligations, Duties, Powers, Responsibilities and Assistance on State/ Government; Public and Civil Society Consultation and Engagement on the Bill and All Aspects Thereof including the Presidential Climate Commission; Application of the Bill; Best-Practices and Provisions and Progressive Inclusions from Other Countries; and various other specific comments in relation to the Bill.
We also endorsed the Submissions made by (i) the EMS Foundation and the Wild Law Institute and (ii) the Centre for Environmental Rights respectively on the Climate Change Bill submitted on 27th May 2022. This included their direct comments made on the Draft Bill as well as the Covering Submission to the extent that these were not in conflict with our Submission and could be read collaboratively.
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Draft National Biodiversity Offset Guideline Submission
On 26 May 2022, Animal Law Reform South Africa provided our Submission on South Africa’s Draft National Biodiversity Offset Guideline, published for public comment on 25 March 2022.
Click here to view our Submission
In our Submission, we request that DFFE recognise the sentience and intrinsic value of individual animals and include the welfare of animals and Animals Protection Act; we propose the inclusion of Offshore Marine and Estuary Ecosystems; we propose that the Guidelines be in the form of legally binding Regulations instead of Guidelines; and make other proposals in the interests of transparency, accountability, consultation and fairness.
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LIVE KINDER REPORT with FOUR PAWS South Africa
FOUR PAWS South Africa released their “#LiveKinder for Farm Animals in South Africa” report. Animal Law Reform South Africa was proud to work with the FOUR PAWS team to provide research and technical expertise into this report. We believe this will be a critical tool to help educate the South African public about farm animals and the state of factory farming in the country, as well as provide a path forward for future action.
Click here to read the full FOUR PAWS #LiveKinder Report
“Unfortunately, most people are not only unaware of the extent of harm of industrialised animal agriculture, but also the extent to which they, as individuals, can contribute to change through their daily choices. Worse still, businesses and large corporation exploit our ignorance on an even larger scale, to the detriment of ourselves and our planet. However, as informed consumers and members of the public, we can be conscious of our impact, be empowered to choose to live kinder, and we can encourage others to do the same. At this turning point in our human history, we can decide to simply adopt systems that have caused great harm to animals, humans and our environment, or we can choose to chart a new course in our own country – one that better serves our collective needs and ensures a healthier, safer and kinder future for all.”
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Objection to the Proposed Hunting / Export Quota for Elephant, Rhinoceros and Leopard Hunting Trophies for the 2021 Calendar Year
Click here to view our Submission
- By providing only figures for the quotas and failing to provide any justification for how these figures were arrived at, the Department has placed insufficient information before the public which makes it impossible to meaningfully interrogate or engage with the proposed 2021 quota.
- Initiating a public consultation process regarding quotas for the 2021 calendar year in the tenth month of the calendar year is unreasonable and irrational, particularly given that the Convention on International Trade in Endangered Species (CITES) recommends that quotas should be established at least 30 days before the period to which they relate.
- Quota figures for these species cannot be established in the absence of a current “non-detriment finding” (NDF) which must be published in the government gazette. No NDF findings for elephant, rhinoceros and leopard have been gazetted for the present calendar year.
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Draft Policy Position Submission
Click here to view our Submission
On 28 July 2021, Animal Law Reform South Africa provided our Submission on South Africa’s Draft Policy Position on the Conservation and Ecologically Sustainable Use of Elephant, Lion, Leopard and Rhinoceros (the “Draft Policy Position”) Published for Public Comment on 28 June 2021.
In our Submission, we support the progressive and necessary elements in the Draft policy Position and highlight certain inconsistencies and nuances in the Draft Policy Position that could at best create ambiguity, and at worst give rise to interpretations of the Draft Policy Position that run counter to its vision and goals. In addition, we provide recommendations to the Department of Fisheries, Forestry and Environment to be taken into account in the development of a final Policy.
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National Biodiversity Framework Submission
Click here to view our Submission
On 3 May 2021, Animal Law Reform South Africa together with the EMS Foundation provided our Submission on South Africa’s Draft Revised National Biodiversity Framework (“NBF”) Published for Public Comment in Terms of the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004).
In our Submission we call on the Department of Fisheries, Forestry and Environment to respond to the need for transformational change in relation to biodiversity and wildlife more generally. We also provide background and context to this and other issues as they relate to the South African Constitution. We call on the Department to include key threats, sectors and stakeholders within the NBF, and provide comments on specific portions of the NBF.
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Draft Live Export Guidelines Submission
Click here to view our Submission
On 30 April 2021, Animal Law Reform South Africa, together with the Centre for Applied Legal Studies submitted our comments on the Draft Guidelines for the transportation of Live Animals by Sea.
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Climate Change – NDC Submission
Click here to view our Submission
On 30 April 2021, Animal Law Reform South Africa, together with the Environmental Law Association of South Africa submitted our initial comments on South Africa’s updated draft Nationally Determined Contribution (NDC).
The updated draft NDC is the cornerstone of South Africa’s climate change response, and thus is a critical tool in tackling climate change. It is South Africa’s commitment in terms of United Nations Framework Convention on Climate Change (UNFCCC) and its Paris Agreement (PA) to contribute to the global climate change effort.
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YEAR OF THE TIGER REPORT with FOUR PAWS South Africa
In March 2022, FOUR PAWS South Africa released a report titled: “YEAR OF THE TIGER? Big Cat Farming in South Africa: The need for International Action”.
The legal review for the report was conducted by Animal Law Reform South Africa.
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“Justice for Animals” Publication
Click here to view the Publication
In celebration of Nelson Mandela Day 2020, Animal Law Reform South Africa released its “Justice for Animals” Publication. This Publication has been put together to assemble the fantastic work and efforts flowing from the 2019 Cape Town Animal Conference. We are extremely grateful to have been part of the Organising Collective for the Conference.
We hope that you enjoy it!
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Webinar: “What is Animal Law?”
Click here to watch a recording of the Webinar
On 22 July 2020, Animal Law Reform South Africa hosted a Webinar exploring the topic of – “What is Animal Law?”, with Professor Joyce Tischler.
We had a great turnout, and had people participating from Africa, Europe, America, Asia, North and South America and Australia.
We look forward to many more Webinars in the future, and will keep you updated of our next one.
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High Level Panel Submissions and Presentations
(Elephants, Rhinos, Lions and Leopards)
Click here to view our Submission
On 15 June 2020, Animal Law Reform South Africa together with the EMS Foundation provided our detailed Submission on the High Level Panel set up by the Department of Environment, Forestry and Fisheries to Review Policies, Legislation and Practices on Matters Related to the Management, Breeding, Hunting, Trade and Handling of Elephant, Lion, Leopard and Rhinoceros and Related Matters
On 6 October 2020, Animal Law Reform South Africa together with the EMS Foundation presented our Submission to the High Level Panel set up by the Department of Environment, Forestry and Fisheries for the Review of Policies, Legislation and Practices on the Management, Breeding, Hunting, Trade and Handling of the Elephant, Lion, Leopard and Rhinoceros.
On 31 October 2020, Animal Law Reform South Africa together with the EMS Foundation submitted answers to additional questions received from the High Level Panel arising from our Submission and Presentation.
Click here to read our Answers
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Meat Safety Act Submission
Click here to read our Submission.
On 30 June 2020, Animal Law Reform South Africa, together with the EMS Foundation, provided our comments on the proposed Amendments to Schedule 1 of the Meat Safety Act 2002 (“MSA”) to the Department of Agriculture, Land Reform and Rural Development (“DALRRD”).
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Draft Animals Protection Amendment Bill Submission
Click here to read our Submission
On 14 October 2020, we provided our comments on the Proposed Draft Animals Protection Amendment Bill. The Bill seeks to among other things, prohibit the testing of cosmetics on animals as well as the sale and manufacturing of cosmetics that are tested on animals. We welcome the intention behind this Draft Bill and support these efforts. Our comments included information that we believe may assist with the content of the Draft Bill, certain resources as well as some practical considerations as they pertain to the Draft Bill and the enforcement thereof.
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Book Release: “Unfair Game” by Lord Aschcroft
Click here to read more about the Book
(Picture Credit: Unfair Game / Lord Ashcroft: https://www.lordashcroft.com/2020/03/unfair-game/)
“Unfair Game” published on 16 June 2020 reveals the shocking results of an undercover operation into South Africa’s lion business by Lord Ashcroft. In this powerful exposé, he highlights issues with captive lions, including the increasing dangers to public health, the impacts on wild lions, the cruelty involved as well as economic and vested interests.
Animal Law Reform South Africa’s Co-founder and Director, Amy P. Wilson was interviewed as part of Lord Ashcroft’s inquiry and provided information as to certain legal aspects of the industry. In the book, Wilson notes the plethora of issues with the current regulation of wildlife in South Africa generally, as well as the underlying legal circumstances that have allowed the captive-lion industry to flourish.
Importantly, she notes that because of these: “…wild lions, once the pride of South Africa, have essentially been reduced to agricultural animals”.
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Dairy Advertising Matter
Click here to read the Statement
(Prepared by Joanne Fairbrother, one of the Complainants in the matter)
We welcome the Ruling of the Advertising Regulatory Board (ARB) Appeals Committee in the matter of Fair Cape Dairies vs Kemp, Fairbrother, others made on 30 April 2020. The original complaints to the ARB stemmed from Fair Cape Dairies’ advertising utilising the words #HappyCows and “humane”. These complaints were dismissed by the Directorate, however, the Appeals Committee disagreed with the Directorate’s Ruling.
In their decision, they state that:
“… The use of the phrases/words “#HappyCows” and “humane” by Fair Cape in its advertising is in breach of clause 4.1 and 4.2.1 of the Code [of Advertising Practice].
…Fair Cape is instructed to withdraw the phrases/words “#HappyCows” and “humane” from its advertising in accordance with clause 15.3 and 15.5 of the Procedural Guide.”
Animal Law Reform South Africa is thankful to have been involved throughout this matter and providing research, input and various other assistance. We are proud of the decision and the work involved, and hope that this will encourage further action in the future.
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Our Work
Currently in relation to animals, the law is generally inadequate in both its provisions and enforcement. In many instances, policy and legislation fail to reflect our complex relationship with our fellow earthlings and provide them and us with the protection we all deserve!
Despite this, our courts have made a number of positive statements regarding animals and their status, indicating that they are sentient beings and elevating the welfare and protection of non-human animals to a constitutional concern.
This together with the increased public support for and emphasis on animal welfare, presents an opportunity to reform the law. Animals, like other vulnerable beings, need lawyers.
We work through three main pillars:
Animal Flourishing | Law | Social Justice
We focus on a few key areas that we believe will bring about the most change. These focus areas include:
1. Legislative and Policy Reform
We support legislation and policies promoting animal, human and environmental protection as well as protecting whistleblowers and freedom and access to information
We fight legislation that is harmful to animals, humans and the environment as well as their activists
We assist legislative advisors, government, parliament and others on legislation and policy impacting animals and attempt to assist by providing resources and best practice that may better inform them
Some examples of our work in this area include:
- Commenting on the Proposed amendments in terms of the National Environmental Management Laws Act Amendment Bill (B14-2017) (“NEMLA”) (July 2020)
- Commenting on the Draft Amendments to the Norms and Standards on the Management of Elephants (December 2018)
- Assisting with Letter and Nominations to High Level Panel on Wildlife of Department of Environmental Affairs (2019) and including our own nominations
- Commenting on the Proposed Amendments to the Regulations affecting Rhinos published in September 2018 by the Department of Environmental Affairs
- Providing input into the draft consolidated CITES Regulations (Convention on International Trade in Endangered Species of wild fauna and flora) (2017)
- Providing input into CITES Appendices for the 2019 Conference of the Parties in Sri Lanka, including a written submission and presentation at the 2018 first Public Consultations at SANBI)
- Assisting with the drafting of the private member’s bill to amend to the Animal Protection Act – which aims to, amongst other things, ban cosmetic testing of animals (2017)
- Commenting on the draft Animal Protection Act, to close loopholes and ensure greater protection for animals (2017)
- Commenting on the Proposed Amendments to the Cat and Dog Bylaws for the City of Johannesburg
- Commenting on Draft Regulations Relating To Farm Feeds in terms of Fertilizer, Farm Feeds, Agricultural Remedies and Stock Remedies Act (2019)
- Commenting on Draft Regulations regarding the Grading, Packing and Marking of Eggs intended for Sale in the Republic of South Africa (2019)
- Providing input into comments on the Protection of Performing Animals Amendment Act (together with other institutions)
- Commenting on the Proposed Amendments to Gambling Act insofar as it affects animals published by the Department of Trade and Industry
- Commenting on the Center for Environmental Rights and Endangered Wildlife Trust’s “Fair Game” Report on the state of wildlife in South Africa
- Commenting on the Proposed Standards for the Testing and Research on Animals in South Africa published by the South African Bureau of Standards in August 2020 (Copyright Restrictions apply and document cannot be shared)
- Commenting on the Proposed Standards for the Testing and Research on Animals in South Africa published by the South African Bureau of Standards in October 2018 (Copyright Restrictions apply and document cannot be shared)
2. Litigation and Legal Services
We are currently working on a few important cases for South African animals – more updates to follow!
Some examples of our work in this area include:
- We assisted the Coalition Against the Captive Breeding of Big Cats with the 2019 Lion Bone Submission
- We signed on to the Wild Animal Protection Forum of South Africa’s Submissions on:
- We assisted Cape Town Unites for Animals (as main organizer together with other organisations) in both 2018 and 2019 with the legal side of the mass activist marches.
- In 2019, we called on Government for certain better protections for wildlife [Link]
- In 2018 we requested include animal sentience expressly in legislation. We have also assisted with the follow up correspondence to the various Government Departments. An amazing response was received from one of the leaders of the South African political parties for both of the marches and we look forward to seeing these materialise [Link]
- We assisted Beauty Without Cruelty with the Letter to the City of Cape Town the prohibition of fireworks within its jurisdiction which was signed onto by various other organisations in 2018.
- We assisted with the Letter to the Department of Environmental Affairs to lobby for the inclusion of representatives from animal organisations as part of the Wildlife Forum which was led by the EMS Foundation.
- We have assisted Ban Animal Trading on various legal and other issues from time to time.
- We have assisted the Wildlife Animal Protection Forum with its letter to the Department of Environmental Affairs regarding the proposed High Level Panel for Wildlife.
- We are part of the Wild Animal Protection Forum of South Africa (WAPFSA) as well as the Coalition Against the Captive Breeding of Big Cats. Through these relationships we provide input into different documents and initiatives on a broad range of animal matters.
- We sign on to selected letters. Some examples include:
- We regularly assist other organisations on an ad hoc basis with requests we receive.
- Our directors have assisted both human and animal organisations in the past on a multitude of legal issues.
3. Education and Research
Many of the injustices that occur in relation to animals are done behind closed doors, with no public visibility. We wish to educate people about the practices regarding animals.
Our education program includes advocacy, training, humane education and legal education.
At a tertiary level, there are currently no animal law courses available in South Africa. It is our goal to see animal law taught in universities in South Africa to law students and academics, as it is in so many universities around the world. We wish to ensure the continuity of education by the provision of materials and resources.
There is also a lack of consolidated materials relating to animal protection and more specifically animal law. We hope to rectify this by providing Toolkits, trainings and consolidated materials to those interested, to help with their advocacy and other efforts.
It is intended that the education programme will benefit a broad range of stakeholders including law enforcement officials, judges and magistrates, prosecutors, members of the public, students, lawyers and NGOs.
Some examples of our work in this area include:
- Our Webinar on “What is Animal Law?” with Professor Joyce Tischler. Watch the recording here.
- We have developed a “Model Animal Law Curriculum” to be used to bring Animal Law into tertiary institutions and to be utilised by those interested in the subject. We are in the process of introducing Animal Law into South African institutions.
- In 2017, we held a first of its kind Animal Law Seminar in South Africa with the help of the Center for Animal Law Studies, Hogan Lovells and Ban Animal Trading entitled “Connecting Animals and the Law” where we had nearly 100 participants from various backgrounds.
- We co-organised the 2019 Cape Town Animal Conference held in September. Specifically, we organised the Legal Panel: “Justice for Animals”.
- We co-organised a special session for University Students to learn more about animal law and how to get involved.
- We co-organised an Essay Competition on the subject of “Justice for Animals in South Africa and Beyond”.
- We are in the process of drafting and compiling “Toolkits” on selected animal law and animal protection matters in order to equip lawyers, activists, organisations and others with an introduction to the legal landscape in South Africa that applies to their work, as well as to educate others.
Research
As animal law is a nascent, burgeoning field, particularly in Africa and South Africa, it needs literature and scholarship.
We encourage academics, lawyers and other professionals to provide South Africa with specific research on animal related topics that can be used in future protection efforts.
We are also working on and constantly updating our “Animal Law Library”.
We hosted a “Student Essay Competition” to encourage University and College Students as well as Researchers to write about animal issues they were interested in, in order to encourage research.
Our directors present at Conferences, Seminars and other events across the globe and write and research on selected animal law topics in order to create awareness, build relationships and educate others.
For more information on our Research, please see our Resources Tab
Our Networks and Partners
We work collaboratively with a number of organisations in South Africa, Africa and internationally.
We are proud members of the following networks and alliances:
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Lion Coalition Against Captive Predator Breeding
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Alliance for Animal Law of Asia
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Partnership with the Global Research Network: Animals & Biodiversity Think Tank
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Global Alliance for the Rights of Nature – African Hub
In the future:
In line with our Mission and Vision, we strive to provide excellent work that is useful and reliable for relevant stakeholders.
We have some exciting initiatives planned for 2023!
Please Follow Us for further updates.
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Our Donors
Animal Law Reform South Africa relies solely on donor funding to conduct its Work. We are extremely grateful to our Donors for making it all possible
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Our Project Donors:
Corporate Accountability Project:
The Humane League & Open Wing Alliance
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Food Systems Project:
Food System Research Fund (FSRF) of Humane America Animal Foundation (HAAF)
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Institutional Funding:
Animal Charity Evaluators (ACE)
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Our Supporters
Animal Law Reform South Africa is extremely grateful to the following supporters who generously provide their services to ALRSA on a pro bono basis:
Pro Bono Accounting and Auditing Services provided by:
Website: https://acute.co.za/
Email: ian@acute.co.za
At Acute, we remove the hassle and confusion that comes from managing your accounting and tax burdens effectively. Our services range from discrete, one-time advice to complete management – and everywhere in between.
Our expert advisors boast more than 2 decades of helping businesses across Africa to save their precious resources – both money and time.
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Pro Bono Corporate Advice and Company Secretarial Services provided by:
Email: gretchen@desmit.co.za
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Pro Bono Corporate Law and Tax Advice provided by:
CDH’s Corporate & Commercial, and Pro Bono & Human Rights practices have joined forces with Animal Law Reform of South Africa.
Through this inspiring collaboration, CDH will be assisting the organisation with South African corporate law and tax advice.