An application to the High Court of South Africa has been lodged to release three elephants, known as Lammie, Mopane and Ramadiba from the Johannesburg Zoo into a rewilding facility. The application was made on Monday 20 June, by ALRSA, the EMS Foundation and Chief Stephen Fritz, represented by environmental law firm, Cullinan and Associates, against the Johannesburg City Parks and Zoo (JCPZ), and other governmental respondents involved with the Zoo.

In a ground-breaking case, which is also a South African first, legal remedy is being sought to have these Elephants released to live out the remainder of their lives in a natural environment and where the conditions are more suitable for the innate needs and nature of Elephants.

Michele Pickover, Executive Director of the EMS Foundation noted: “An elephant in a zoo is simply an exhibit, deprived of natural environment and social conditions. We are failing to teach children anything about elephants – rather forcing them into submission, for the sake of so-called “human entertainment”. A better exhibit would be a live link to the elephants living out their real lives in a natural environment’.

David Bilchitz, a Law Professor at the University of Johannesburg, and Director of ALRSA, notes that: “The evidence from the scientific experts suggests that there are not just moral wrongs being done but also a violation of serious legal obligations by the Johannesburg Zoo authorities and the City of Johannesburg Metropolitan Municipality. By keeping these elephants in inadequate conditions, the Zoo fails to meet both its constitutional and statutory obligations to treat these animals with respect and not cause them unnecessary suffering. Their continued failure to release the elephants also constitutes a decision that is unlawful and unreasonable in administrative law.”

Chief Stephen Fritz, a community leader and the third applicant in the matter says: “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.”