ANIMAL LAW REFORM SOUTH AFRICA ADVANCES THE RECOGNITION OF ANIMAL WELL-BEING IN AFRICAN PENGUIN CASE
On 18 March 2025, the High Court handed down an order in litigation between BirdLife South Africa and others against the Minister of Forestry, Fisheries and the Environment and others. The order, which gives effect to a settlement agreement, will promote the protection of African penguins. Animal Law Reform South Africa (ALRSA) participated in the litigation as a friend of the court (amicus curiae).
ALRSA was formally admitted as a friend of the court and our intervention introduced novel legal arguments, many of which have not yet been ventilated in South African litigation.
These included, among others:
🐧 Considering Well-being of Animals in Decision-Making
🐧 Sentience and Intrinsic Value of Animals
🐧 Expanding of Ubuntu to More Than Humans
🐧 Interconnection between Environmental Rights and Animal Protection
These arguments were not fully examined in a hearing or a judgment due to a settlement being made out of court. Nevertheless, the inclusion of submissions of this nature for the first time in South African court records is a significant milestone in the pursuit of animal law reform. By bringing these arguments formally into papers before the judiciary, ALRSA has taken a crucial step forward and provided a template for the future consideration of animal well-being in terms of NEMBA and other relevant law and policy and highlighted the importance of animal well-being in decision-making.
We congratulate all parties involved on this achievement, particularly the applicants in the matter, BirdLife South Africa (BLSA) and Southern African Foundation for the Conservation of Coastal Birds (SANCCOB), as well as their attorneys, the Biodiversity Law Centre (BLC).
We would like to extend our gratitude to our legal representatives, who acted pro bono, including our team of attorneys, Webber Wentzel and our counsel, Advocate Samantha Martin. Thank you also to board members, Amy P. Wilson and Professor Melanie Murcott for their input and efforts in this matter.
Read our statement with links to our papers here: https://lnkd.in/eqWseWU6