A constitutional battle to free three elephants from the Johannesburg Zoo now rests in the hands of the Gauteng High Court in Pretoria, after Judge Noluntu Bam reserved judgment following intense legal arguments this week.
Environmental law firm Cullinan & Associates, representing Animal Law Reform South Africa, the EMS Foundation, and Khoi leader Steven Fritz are demanding that the court declare the continued confinement of the elephants, Lammie, Mopani, and Ramadiba, unlawful and unconstitutional, and order their immediate transfer to a wild sanctuary.
Because of the sheer volume of evidence and complex constitutional questions, Bam did not issue an immediate ruling on the matter, which was concluded on Thursday.
“Judgment was reserved, so we obviously have to wait,” Sarah Kvalsvig, a specialist environmental attorney at Cullinan & Associates told The Citizen.
“The papers are over 2 000 pages long, with lots of evidence to consider. I don’t think it’s going to be an easy decision for her, but we feel we’ve made a good case.”
A fight years in the making
The legal battle officially began in 2022, but advocates have fought for Lammie, the oldest elephant, for much longer.
When Lammie’s long-time companion died, activists urged the zoo to retire her to a sanctuary to prevent severe loneliness.
Instead, the zoo imported Mopani and Ramadiba into the enclosure, which triggered the current lawsuit.
The applicants argue that the zoo’s conditions cause the highly intelligent, socially complex animals ongoing and increasing psychological and physical distress.
The case relies heavily on Section 24 of the South African constitution, which protects environmental rights, and argues that animal well-being is inseparable from those rights.
It also incorporates the cultural and living heritage rights of the Khoi peoples, who maintain a holistic, spiritual connection to nature.
The zoo’s stance
Johannesburg City Parks and Zoo (JCPZ), alongside the City of Johannesburg, are fiercely defending their right to keep the animals.
They argue that the enclosure meets international standards and that the elephants want for nothing. Their defence highlighted that the elephants receive top-tier nutrition, including fresh vegetables, hay, pellets, and natural branches for foraging.
They said that the zoo records show regular veterinary check-ups, including X-rays that prove the elephants’ feet are perfectly healthy, and quick interventions like the successful surgical repair of a cracked tusk within days of discovery.
Zoo officials contend that choosing to keep the elephants is a policy position and an exercise of ownership; not a specific government administrative decision that a judge can review and overturn.
Furthermore, the zoo highlights that it serves a massive role in public education and wildlife conservation that the activists are ignoring.
The zoo also argued that the applicants must use existing animal protection laws, instead of the text of the constitution, if they want to fight for animal welfare.
Seeking a global precedent
If successful, the case could fundamentally change how captive animals are treated across South Africa.
“It sets a precedent to say that the well-being of elephants can never be ensured in a zoo setting,” Kvalsvig explained.
“I think that gives a precedent for other zoos to consider rewilding their elephants or closing their elephant facilities, which actually is a trend worldwide already.”
Kvalsvig pointed to international jurisdictions, such as Pakistan, where courts have previously ordered the release of captive elephants.
What happens next?
The legal team acknowledges that they have no timeline for when the judge will hand down the decision, noting it could take weeks or months.
If the court rules against the elephants being freed, Kvalsvig believes JCPZ, which has fiercely opposed the application from the start, will keep the animals confined.
In that scenario, the legal team will have to weigh a potential appeal.
While organisations like the EMS Foundation successfully negotiated the release of another captive elephant, Charley (referred to by legal teams as Duma), from the Pretoria National Zoological Garden by mutual agreement in 2024, advocates see little chance of a similar compromise with Johannesburg officials.
For now, the fate of Lammie, Mopani and Ramadiba remains in the hands of the court.
