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Boswell v Member of the Executive Council for the Department of Economic Development, Tourism and Environmental Affairs (KwaZulu-Natal) and others

25 May 2017

High Court of the Republic of South Africa, Gauteng Division, Pretoria 

Case No. 3792/16P

Date: 25 May 2017

Judge: Pillay J

In this matter, Mr Boswell’s application for a permit in terms of the National Environmental Management: Biodiversity Act, 2004 to export three captive elephants to an undisclosed facility in Dubai was refused by Ezemvelo KZN Wildlife and the MEC for the Department of Economic Development, Tourism and Environmental Affairs (KwaZulu-Natal) on the basis that such an export is prohibited by the National Norms and Standards on Management of Elephants in South Africa (Norms ad Standards). Mr Boswell took the refusal on review and challenged the legality of the Norms and Standards. Both of Mr Boswell’s challenges failed.

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Section 24 of the Constitution of the Republic of South Africa, 1996

Everyone has the right to an environment that is not harmful to their health or well-being; and to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that prevent pollution and ecological degradation; promote conservation; and secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.

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