Harvard academics bid to join Johannesburg Zoo case
Harvard Law School academics are expected to apply this week to the Gauteng High Court, Pretoria, to be added as friends of the court in the ongoing legal battle to release the three elephants from the Johannesburg Zoo.
The Mercury reports that Animal Law Reform SA, the EMS Foundation and Khoi Chief Stephen Fritz have asked the Gauteng High Court (Pretoria) to order their confinement to be unconstitutional.
The case has attracted the attention of Harvard academics, who want to join the fray to highlight the elephants' complex needs and the broader ethical implications.
The applicants in the main application argue SA law recognises that animals are sentient beings capable of suffering and experiencing pain. According to the groups and Fritz, animals have intrinsic value as individuals which is a central rationale for their protection.
‘SA law recognises that the protection of animals is intrinsically linked to the moral status of humans … the welfare of animals, including those in captivity, are inextricably intertwined and together form part of the section 24 right and the values underpinning the Constitution,” they argued.
Animal Law Reform SA, EMS Foundation and Fritz believe that the elephants are being kept at the Johannesburg Zoo in conditions adverse to their welfare and wellbeing.
Professor Kristen Stilt and Dr Montes Franchesini at Harvard Law School's Brooks McCormick Animal Law and Policy Programme, who are experts in the field of captive animal welfare and law, want to participate in the case.
According to The Mercury, they believe it is in the interest of justice their voices be heard before the court determines the issue of whether the animals should be released or not.
The academics said they have done detailed legal research into this topic and will argue that their voices are vital to decide the fate of the three elephants – Lammie, Mopane and Ramadiba.
Their aim is to make submissions on international and comparative law and to address the global movement towards expanding legal safeguards for animals and nature.
They will also address the protection of elephants globally and efforts to free them from captivity in zoos.
The academics will argue that given the novelty of this case under SA law and the complexity of international and foreign law, the court will benefit from their input.
The Johannesburg Zoo has denied the elephants are in distress and in court papers gave the assurance they are being well cared for, however, it acknowledges that the academics’ input would assist the court in making a ruling in the main application.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
