A critical discussion of the legality of South Africa’s lion bone trade.

Abstract

On 28 June 2017, the then Minister of Environmental Affairs, Edna Molewa, set a legal quota of 800 lion skeletons (with or without skull) from the captive-bred population, making South Africa the world’s largest legal exporter of lion bones and skeletons. The figure of 800 appears to be based on the average lion bone trade over the previous ten years. In June 2018 the quota was hiked to 1 500, later slashed to 800 in December 2018, in line with the recommendation of the Parliamentary Portfolio Committee on Environmental Affairs that the quota be reconsidered. This dissertation argues that the quotas set in 2017 and 2018 for the export of lion bone skeletons were unlawful and unconstitutional and did not follow due process, as the decision did not comply with the administrative law requirements of legality, reasonableness and fair procedure. Animal welfare is one of the most contentious issues in debates about captive breeding and the trade in lion bones. These debates point to an important gap in animal welfare policies and laws in South Africa, with both the Department of Agriculture, Rural Development and Land Reform and the Department of Environment, Forestry and Fisheries reluctant to assume responsibility. The North Gauteng High Court in 2019 ruled in favour of the National Council of Societies for the Prevention of Cruelty to Animals, also known as the National Council of SPCAs, set aside the 2017 and 2018 quotas for the export of lion bones and declared them unlawful and invalid.