SA at a crossroads on wildlife welfare and sentience
Don Pinnock
29th May 2021

Two government approaches to our relationship with wild animals, two opposing views. One could chart the path to South Africa’s global leadership in wildlife conservation the other to increased commodification.

The 17th Century mathematician and philosopher René Descartes said animals were automatons, so cruelty towards them was impossible. The philosopher Jeremy Bentham disagreed, saying that in our measure of animals we should not ask can they reason, nor can they talk, but can they suffer?

For over 200 years Descartes’ views have prevailed. But in official narratives and court findings around the world, Bentham’s views are back on the table.

The recent report on the management of lions, elephants, rhinos and leopards by the Department of Environment (DFFE) explicitly emphasises animal sentience:

“Animal welfare is science-based with a growing body of research and expertise that acknowledges that some animals are sentient beings that can experience pain and suffering. 

“As humans, living with, utilizing and benefiting from animals, we have a social and moral responsibility to do so in a way that is humane and prevents suffering and ensures quality of life.”

In a minority Bloemfontein High Court judgement, Judge Cameron echoed Bentham, saying “the statutes recognise that animals are sentient beings that are capable of suffering and of experiencing pain … but have no voice of their own.”

These views are embedded in a 580-page DFFE report out this month which is the result of almost two years of work by specialists and following considerable public consultation. They have put the Environmental Department on a collision course with the Department of Agriculture (DALRRD) which administers the Animal Protection, Improvement and Meat Safety Acts which are being renovated to encompass wild animals in captivity. 

Along the way, animal welfare has fallen into an abyss between the two departments. This was noted in a Parliamentary resolution a year ago which called on them “present a clear programme of work on how they intend to address animal welfare and health issues …. which straddle the mandates of the two departments, outlining clear timeframes for achieving this.” 

Creecy told Parliament she had met with Agriculture Minister Thoko Didiza to express her concerns and that a working group had been set up. Nothing has been heard of that meeting or the implementation of the Resolution, let alone a clear programme of work.

Meanwhile in 2019, DALRRD listed 32 wild animals, including lions, giraffes, white an black rhinos, lions and cheetahs under the Animal Improvement Act, effectively rendering them farm animals subject to manipulation and consumption. 

This was done, it said, “in order to provide for the breeding, identification and utilisation of genetically superior animals in order to improve the [food] production and performance of animals in the interest of the Republic.” The Wildlife Protection Forum SA warned that this “enables breeders to create genetically manipulated animals, in addition to breeding rarities and colour variants.” 

Shortly afterwards DALRRD proposed an amendment to the Meat Safety Act to bring all wild animals under its jurisdiction during slaughter. The Act controls how they may be ‘slaughtered for food for human and animal consumption.’ 

In Parliament DALRRD’s Director of Veterinary Public Health, Dr Mphane Molefe, claimed the moves were to protect wild animals from cruelty, but did not elaborate on how this would be achieved. 

DALRRD has also set up a working group of 10 vets from its provincial departments tasked to construct an Animal Welfare Bill (AWA) behind closed doors and without public participation. All members of the group are ‘insiders’ within the Agricultural Department, which is deeply influenced by the agricultural industry and ideas of sustainable use.

 The drafting process was approved in a 2019 Socio-Economic Assessment. Notably, in reply to a Parliamentary question, Minister Creecy said the drafting of the AWA was “currently limited to structures within DALRRD”. If this is so, the custodian of SA’s wildlife will have no say in drafting the laws regarding it’s welfare.

Unlike the Environment Department’s High-Level Panel (HLP) which produced recommendations, the DALRRD group will be actually rewriting the legal framework for animal welfare and not simply advising on it. And it will be doing this without the inclusion of any of the organisations which have been lobbying for an improvement of animal protection, including the body designated by law to do this: the NSPCA. 

The request to be in the working group by the EMS Foundation and the Humane Society International-Africa – groups widely respected internationally for their work on animal welfare – were rejected.

DFFE picks up welfare

The Department of Environment, however, has refused to be out of the loop on animal welfare and has placed it – and considerations of animal sentence – at the core of its 580-page report, the result of nearly two years of work with experts and considerable public consultation.

So despite the Agriculture Department’s mandate on animal welfare, DFFE has now picked up the baton it historically dropped and has produced path-breaking recommendations, which if implemented will put it on a collision course with DALRRD on the treatment of animals.

It takes direct aim at the Animal Improvement Act (AIA) which, it says, promotes the domestication and intensive and selective breeding of iconic wildlife, undermining the sense of place of wild Africa and the conservation of the species in the wild.

The implementation of the AIA within the wildlife economy, it says, is undermining the link between animal welfare and conservation required by the Constitution and suggests a revision of the Act. It also calls for a revision of the Meat Safety Act to take into account of the welfare of wild animals during slaughter.

It was particularly concerned with the domestication and breeding of lions, elephants, rhinos and leopards. It says captive, intensive and selective breeding, handling, captive interactions, canned hunting and the bone and derivative trade pose risks and threats to South Africa’s reputation. There are also considerable zoonic risks of Covid-type outbreaks.

Considering that DALRRD’s working group consists mainly of Departmental vets, the HLP report was less than complimentary about the profession’s competence to judge welfare issues. 

“Veterinarians have a loyalty to clients and this often prevents them from talking out about or addressing welfare concerns. [They] are also seen by the courts as the welfare experts, although they are often reluctant to testify or speak out about welfare issues due to possible loss of clients and business. This becomes both an ethical and welfare issue.”

It also notes that the potential for an intensification of management practices by listing wildlife under the Animal Improvement Act and “poses significant welfare risks”. This has been confounded, it says, by unresolved confusion in the mandate between the two departments, resulting in wildlife welfare being neglected.

Its findings echo an earlier government commissioned report by SANBI which noted the threats posed to biodiversity by intensive farming practices. 

Departmental processes and procedures, it says, are “not in place to address these conflicts or mitigate their negative consequences for the environment.” The HLP therefore tasks Minister Barbara Creecy to engage with DALRRD “to clarify overlapping mandates for welfare and well-being” and to request Cabinet to establish an inter-ministerial committee on biodiversity conservation to sort this out.

The HLP report is also concerned about the structural weakness of the National Society for the Protection of Animals (NSPCA) model. It says the organisation is vastly under-resourced, which limits its capacity to deal with wildlife welfare.

It’s a statutory body under the SPCA Act, carrying out an inspectorate and enforcement function, but receives no government funding or support. “Because the NSPCA has to raise its own funds, this results in numerous challenges and potential conflict of interest regarding the undue influence funders may bring to bear on [its] work.”

The HLP proposes a review of the NSPCA model to determine the best mechanism for addressing welfare issues and also address general under-resourcing of the organisation. It tasks the Department to explore the creation of an integrated wildlife welfare unit.

Some deeper questions remain

Whether the new direction of the Environment Department will  actually be implemented or prevail over those of Agriculture remains to be seen, but they pose two deeper problems which the HLP appears not to have contemplated and DALRRD is unlikely to.

Listing all wild animals under agricultural legislation may seem expedient in the face of widespread game farming, but fails to address the wider question about the difference between owning wild animals as a conservation measure and using their body parts as a human resource.

Then there’s the matter of sentience. The HLP acknowledges solid scientific proof that many creatures with which we share the planet are indeed sentient as individuals and can suffer. This approach is also at the heart of the raft of conservation legislation presently making its way through the British Parliament and is accepted by a number of countries.

If animals are sentient, exploiting them under DFFE’s sustainable use policy (which generally means killing them for their body parts) and the HLP’s approval of hunting (with the possibility of inflicting agony from a hunter’s misplaced shot) must surely amount to legally sanctioned cruelty. 

Animals are clearly not Descartes’ automatons. They share our awareness of their personal safety, hurt and fear of death. Are we then saying that, as a country, we sanction cruelty to them? If we are, as it seems, this holds a mirror to ourselves as a species. It’s not a silly ‘greenie’ question, but a fundamental matter of ethics and a contradiction at the heart of the HLP report which needs attention. 

It might be time to convene another Parliamentary colloquium on our use of wild animals to hammer out some answers.

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