The well-being of wildlife, as contained in legislation, came under the juristic spotlight this week in the Constitutional Court.
The National Council of the SPCA (NSPCA) appeared before the Constitutional Court this week as a respondent in a matter that could significantly impact the legal recognition of wildlife well-being within the National Environmental Management: Biodiversity Act (NEMBA).
In 2022, the NSPCA succeeded in its efforts to include “well-being” in NEMBA. This amendment recognised that human-induced activities affecting wildlife must take animal welfare into account. The inclusion followed significant engagement with stakeholders, including the Department of Forestry, Fisheries and the Environment.
The NSPCA said this aligns with court findings recognising animals as sentient beings worthy of protection.
The definition of “well-being” included in NEMBA refers to the holistic circumstances and conditions conducive to an animal’s physical, physiological, and mental health and quality of life, including its ability to cope with its environment.
