NSPCA takes legal action against Knysna Elephant Park

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In March 2013, the NSPCA expressed outrage that four elephant calves had been removed from their mothers at Sandhurst Safaris near Tosca in the North West Province. Their mothers were shot and the calves were destined for Elephants of Eden in the Eastern Cape. Elephants of Eden is linked to the Knysna Elephant Park which operates elephant-back safaris.

"The forced removal of individual elephants is inhumane and cruel," explained Inspector Wendy Willson of the NSPCA's Special Investigations Unit. "Elephants are intelligent and highly social animals that need their family groups and large tracts of land to display natural behaviour. It is especially concerning as these are very young animals. It simply cannot be justified in any way, including - in our opinion - legally. That is why we are taking this step."

Operation was flawed

Removal of elephants from the wild for purposes of captivity is contrary to the national norms and standards for the management of elephants in South Africa.

The NSPCA believes that the operation was flawed from the start and has now issued proceedings out of the Grahamstown High Court against Lisette Withers of the Kynsna Elephant Park and four other respondents: Elephants of Eden, the Eastern Cape Department of Economic Development and Environmental Affairs, The North West Province Department of Environmental Affairs and Tourism, and the National Department of Environmental Affairs.

The NSPCA is not seeking relief against the North West Province nor the National Department of Environmental Affairs but has included them in the proceedings as they have a legal interest.

Issuing of permit

The legal action being taken relates to the issuing of a permit by the Eastern Cape government in February 2013 for elephant calves to be transported from the North West Province to the Eastern Cape. It is argued that the Eastern Cape government did not consider that:

• The elephants were being removed from the wild.
  
• The norms and standards for elephants had not been applied.
  
• The person to whom they were being transported had not requested or obtained permission to keep the elephants in captivity.
  
• Whether the person to whom they were going was able to afford to keep elephants in the long term.

The NSPCA endeavoured to bring these issues to the attention of the Eastern Cape government during 2013, but no response was received. This too, is considered a shortcoming on the part of the provincial government.

The NSPCA now seeks a Court order to include:

• The permit allowing the elephants to be in the Eastern Cape to be set aside.
  
• The facility and the owner not being allowed to keep the elephants.
  
• The elephants not be in / kept at any other facility that is not legally compliant.
  
• The persons responsible for this to pay costs of the Court proceedings.