Showing posts with label elephants. Show all posts
Showing posts with label elephants. Show all posts

Thursday, 8 December 2022

Number Nineteen 9.10.2022

 

Elephants are not cute and cuddly and they are not fond of cup-cakes

On 27 June 2022 I published an article on three elephants living at the Johannesburg Zoo. What happened to Lammie, Mopani & Ramadiba after this date?

Children’s books portray elephants as huge, cuddly, friendly animals that you can keep next to your child’s bed at night. These animals are wild, huge, not cuddly, not cute, definitely not something to play with. The one in the picture is obviously created for your adorable child, who is probably sitting comfortably on your lap, to enjoy. This painting creates an impression of a pink elephant at a kid’s party with a silly three-pointed hat on who is enjoying cupcakes! Pink elephants – that is what makes this story so …

That is the reason why elephants and other wild creatures such as snakes, baboons, rhinos and more are kept behind bars. They are wild. They are dangerous. And we, the human species are their biggest enemy.

Elephants are huge, powerful and they will wipe their arse off on you

When you are in the wild, you are trespassing on their territory and not the other way round. This piece of wisdom is practical and coming from a client of mine who was once chased by an elephant; you don’t stop your car, get out of it and start a civilized conversation. You are the intruder and you back off. A tame elephant is still a wild beast!

Chief Stephen Fritz, a community leader and the third applicant in the matter, notes:

“We are the first People of South Africa, and, in our view, imprisoning our sacred Elephants, so named, Lammie, Mopane and Ramadiba showcases the past and the present will to humiliate and disrespect our culture and our heritage.  For many years I have felt ashamed and powerless: I am, therefore, relieved that a large number of experts and scientists have united, bringing together a wealth of knowledge to offer these Elephants a powerful defence.  Today, we are experiencing the results of climate change which include droughts and fires, for the sake of all South Africans we need to show respect towards our Rain Makers and Healers the Elephants.” [source: https://emsfoundation.org.za/category/towards-freedom-project/] [emphasis added].

A powerful defence on behalf of elephants in Johannesburg Zoo! Applicants legal team is high-powered and so is the team for the Respondents. The experts on behalf of the elephants are highly qualified. And I expect that the experts on behalf of the Zoo will be just as highly qualified.

This is an impressive story and it will attract a tough, vigorous response from the Respondent; I am intrigued by this lot. My very first reaction was, that this application is somewhat wild, novel and surely somewhat whimsical! Then I started reading the papers and I changed my mind; they might have an arguable case. Good luck to them. It seems as if there is an international trend in respect of similar matters.

What is going to happen? If the matter is decided one way or the other, the one party will claim victory for justice’s sake while the other will … well, let’s wait and see. Well, looking back on my career as a practising lawyer, the other party will claim that they were denied a proper trial and that there is no justice in this country of ours – it is a probable scenario that is waiting to play out. Oh yes, and to top it all, the judge got it all wrong!

I am in contact with the Applicants and I am waiting on their reply to my e-letter. When I know more, you will know more. Stay tuned.

Please write me your story about your interaction with these stately animals: neelscoertse@wirelessza.co.za

Monday, 27 June 2022

ELEPHANTS AT THE JOHANNESBURG ZOO: RE-WILD THEM OR NOT?

 

Image: free download: courtesy of the internet

ELEPHANTS AT THE JOHANNESBURG ZOO:

Litigation:

RE-WILD THE ANIMALS

HIGH COURT MATTER CASE NUMBER   

ISSUED 20 JUNE 2022    

There is a court case in Pretoria High Court about the “repatriation” of three elephants on the go. The applicants are seeking a court order, inter alia, that the three elephants be relocated, rehabilitated and re-wilding in accordance with a relocation and reintegration plan to be prepared somewhere in the future.

No, it is not a joke! These guys are dead serious about what they are doing. And, when I look at their court documents, I stand in awe about their papers.

This matter broke 20 June 2022, but was in preparation for a number of years: the matter about the three elephants at the Johannesburg Zoo: their names are Lammie, Mopani & Ramadiba.

What on earth is going on with these three?

Looking at your children’s books about Ellies, they are supposed to be carefree and happy. And they are also supposed to be freely approachable and foremost, they are oh so cuddly!!

Were they not kept for the public’s “pleasure”, education and for scientific research?

Were these three not happy and contented and in safe keeping?

Little children from the surrounding schools and even further away are driven there in their busloads to look at these animals whom most of the children will never have the occasion to even have a glimpse in their wild state.

Having had a look at the voluminous papers, and a video that went viral about Lammie being stressed out, it seems that all is not well at this Zoo with Lammie, Mopani & Ramadiba. There are allegations that they suffer stress, mental fatigue and a host of other things; well, this is according to the court documents. And you may be sure that the experts employed by the applicants have engaged with the animals, and hordes of other people.  

You have access to the Applicants papers [these consist of hundreds and hundreds of pages and learned language and arguments] that were published on the website of ANIMAL LAW REFORM IN THE RSA; click here.

The High Court papers [so far the only papers that are published] with an official statement can be found here: click here.

If, however, you are interested to read the applicants court documents, you may click here:.

Part 1Part 2Part 3Part 4 & Part 5

When reading the website, blog and the court documents, I am very impressed with the depth of the research that is displayed in the documents. It is an impressive array of experts and their research not only in connection with elephants internationally, but about these three in the local Zoo: Lammie, Mopani and Ramadiba.

I am rather curious about how the Zoo [I refer to the Respondents] will react and I trust the Applicants will disclose those papers as diligently as they published their papers. I have learnt that you should never underestimate your opponent[s] in law, because if you do, you might get a very nasty surprise. Having said that, I am no way even suggesting that these applicants under estimate their opponents. You just have to glance at their court documents then you will realise the enormity of the case that is waiting to unfold.

I don’t want to refer to the opponents as “wily old foxes” – no not at all. But beware of them. They are internationally well connected and it is not the first case of this sort to come to terms with.

I will keep my eye on this one and will report on it as it develops – stay tuned for updates on a hugely interesting one, and a hugely important one.

Please write me an e-mail and tell me what do you think? Release or not to release? My e-address: neelscoertse@wirelessza.co.za

Image of these majestic creatures: courtesy free images on the internet