NSPCA CHALLENGES THE CAPTIVE LION INDUSTRY - A POSITIVE CHANGE FOR ALL WILDLIFE IN SOUTH AFRICA
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© Mario Moreno / Getty Images
© Mario Moreno / Getty Images
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Wild Animal Welfare National Council of SPCAs ©
REGISTRATION NO.
003-189 NPO
ABOUT US
P O Box 1320, Alberton, 1450
6 Clark Road, Florentia, Alberton
Telephone: (011) 907-3590/1/2/3
Fax: (011) 907-4013
Website: www.nspca.co.za
Email : nspca@nspca.co.za
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© NSPCA 2021 All Rights Reserved
Wild Animal Welfare National Council of SPCAs ©
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Wild Animal Welfare National Council of SPCAs ©
ACKNOWLEDGEMENTS
The NSPCA wishes to take this opportunity to express our gratitude to all of our supporters.
Thank you for choosing the NSPCA through which to show your kindness to animals and for
your trust in us. The continued support from the public, various trusts and foundations,
sponsors and individual donors continue to assist the NSPCA in our quest to improve the
welfare of animals in South Africa.
The NSPCA was fortunate to have a legal team with admirable commitment to our vision and
mission. To Advocate Les J. Morison, Dr. Jane E. Marston, Advocate Thai Scott and Advocate
Angus McKenzie, thank you for your fundamental role, counsel and leadership that resulted
in a precedent judgement that not only paved the way for animal welfare considerations for
captive lions, but for all wildlife in South Africa.
We also wish to express our gratitude to every expert witness of which your expertise,
knowledge and contributions played a pivotal role - A special thank you to Dr. Paul Funston,
Dr. Ross Harvey, Karen Trendler, Dr. Smaragda Louw and Michelle Pickover.
Thank you to Blood Lions, Ban Animal Trading and the EMS Foundation for the extensive
information and contributions made towards the litigation process.
A final and warm thank you to the NSPCA task team - Marcelle Meredith, Esté Kotzé, Pricilla
Stiglingh, Karen Trendler (former Manager of the NSPCA’s Wildlife Trade & Trafficking Unit)
and the Wildlife Protection Unit, whom each in their own respective roles, played a
significant part in the outcome of the positive litigation measures against the captive lion
industry and the lion bone trade.
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Wild Animal Welfare National Council of SPCAs ©
TABLE OF CONTENTS
ABOUT THE NSPCA – Page 1
RECOGNITION TO THE NSPCA – Page 1
NSPCA’S PAST EFFORTS TO ADDRESS THE CAPTIVE LION INDUSTRY – Page 2
CONTINUED DISSERVICE TO CAPTIVE LIONS – Page 5
CONSERVATION VALUE – Page 8
ANIMAL WELFARE & RELEVANT ISSUES – Page 11
EARLY REMOVAL OF CUBS & CUB PETTING – Page 13
WALKING WITH LIONS – Page 14
LION MOVED ON FOR HUNTING & SLAUGHTER FOR BONE & PRODUCT - Page 15
BREEDING FEMALES – Page 17
QUESTIONABLE BREEDING & GENETIC ISSUES – Page 17
EFFECTS OF A CAPTIVE ENVIRONMENT – Page 18
NEED FOR CONTINGENCY PLANS – Page 21
WELFARE OF OTHER WILD SPECIES FOUND AT CAPTIVE LION FACILITIES – Page 22
LESS THAN THE FIVE FREEDOMS – Page 24
DIFFICULTIES EXPERIENCED BY THE NSPCA – Page 29
PRECEDENT SETTING JUDGEMENT – Page 33
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Wild Animal Welfare National Council of SPCAs ©
The NSPCA acts as the governing body for
A B O UT T H E N S PC A all local Societies for the Prevention of
Cruelty to Animals (SPCA’s) and as a
The National Council of Societies for the statutory body legally mandated with
Prevention of Cruelty to Animals (NSPCA) preventing animal cruelty, addressing
is the largest animal welfare organisation animal welfare and enforcing the Animals
in Africa, with the objective to serve and Protection Act No. 71 of 1962 (APA).
protect all animals, to uplift their welfare The NSPCA comprises of a number of
and to ensure that the protection they specialised units that operate on a
have under South African Law is upheld national basis which include the Animal
and respected. The NSPCA’s mission is to Ethics Unit, Society Liaison Unit, Special
prevent cruelty and promote the welfare Projects Unit, Communications Unit, Farm
of all animals, whilst the NSPCA’s vision is Animal Protection Unit, Wildlife Protection
to end animal cruelty in South Africa and Unit, Training Unit, Community Outreach,
engender compassion for all animals. and the Special Investigations Unit. Each
The NSPCA is the only animal welfare respective unit is staffed and managed by
organisation to have their own Act of experienced inspectors and personnel
Parliament, namely the Societies for the with expertise and qualifications relevant
Prevention of Cruelty to Animals Act No. to each unit’s function and focus areas.
169 of 1993 (SPCA Act). The organisation
is a statutory body in terms of Section 2 of
the SPCA Act with the organisation’s main
objectives laid out in Section 3¹ which
include but are not limited to the R E C O G N IT IO N T O T H E N S PC A
following:
- (c) “To prevent the ill-treatment of The critical role that the NSPCA carries out
animals by promoting their good in society was firmly established in the
treatment by man”. unanimous judgement handed down on
the 8th of December 2016 by Judge J.
- (e) “To take cognizance of the Khampepe in the matter between the
application of laws affecting animals NSPCA, the Minister of Justice and
and to make representations in Constitutional Development, the National
connection therewith to the Director of Public Prosecutions and
appropriate authority”. Corruption Watch (Case CCT 1/16) in the
Constitutional Court of South Africa². The
- (f) “To do all things reasonably relief sought by the NSPCA, i.e. rendering
necessary for or incidental to the the organisation unable to privately
achievement of the objects mentioned” prosecute causes a limitation to fulfil its
in Section 3. statutory mandate. The court granted the
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affirmation sought by the NSPCA and ruled
Wild Animal Welfare National Council of SPCAs ©
that the NSPCA has the statutory power to “Animal welfare is connected with the
institute private prosecutions, which constitutional right to have the
power is conferred upon it by section environment protected through legislative
6(2)(e) of the SPCA Act read with section 8 and other means. This integrative
of the Criminal Procedure Act 51 of 1977. approach correctly links the suffering of
individual animals to conservation, and
The judgement recognised that the NSPCA
illustrates the extent to which showing
is best placed to conduct private
respect and concern for individual animals
prosecutions, giving effect to preventing
reinforces broader environmental
and enforcing the offences set out in the
protection efforts. Animal welfare and
current statutory regime for protecting
animal conservation together reflect two
animal welfare and preventing animal
intertwined values”.
cruelty, noting that the NSPCA and SPCA’s
have over the years become well Firstly, the court provided recognition to
established and fully recognised as the the NSPCA stating that its long history of
authoritative voice in the protection guarding the interest of animals reflects
against animal cruelty and the most constitutional values and subsequently in
renowned organisation in the field of the interest of society. Secondly, of great
animal welfare. importance is the recognition of the
sentience of animals, the intrinsic value of
Furthermore, Section 24 of the
animals as individuals, and the importance
Constitution of the Republic of South
of animal welfare within a broader context
Africa No. 108 of 1996 (the Constitution)
that interlinks societal values, biodiversity
states thatᶟ - “Everyone has the right
conservation, animal well-being and
(a) to an environment that is not harmful constitutional rights.
to their health or well-being; and
(b) to have the environment protected, for
the benefit of present and future
generations, through reasonable
legislative and other measures that –
N S PC A ’S PA ST E F F O R T S
i. prevent pollution and ecological
TO ADDRESS THE
degradation;
C A PT IV E L IO N IN D U ST R Y
ii. promote conservation; and
iii. secure ecologically sustainable The issue of canned lion hunting in South
development and use of natural Africa was brought to the world’s
resources while promoting attention after the 1997 award-winning
justifiable economic and social “Cook Report” was broadcasted on a
development.” British television programme called
2
The aforementioned has relevance to the “Making a Killing”⁴. It showcased
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judgement highlighting that - disturbing realities associated with the
Wild Animal Welfare National Council of SPCAs ©
industry which involves the hunting of community, animal welfare and rightest
lions raised in captivity and unfairly groups, including the prevalent negative
preventing the target animal from publicly and media coverage associated
escaping the hunter by eliminating “fair with captive lion hunting, resulted in the
chase”, whereby the hunter is guaranteed publication of the National Environmental
a trophy. The animal is placed at a Management: Biodiversity Act, 2004 (Act
disadvantage by being confined to small No. 10 of 2004): Threatened or Protected
enclosure or because it has lost its fear of Species Regulations, 2007 (TOPS), with the
humans as a result of hand-rearing, whilst aim to provide certain species, including
some are tranquillized. The programme lions, with national protection⁶ and to
sparked an outcry and a wide range of rein-in the captive lion industry⁵. The
animal welfare and animal rights proposed legislation brought on by the
supporters, conservation groups, some DEA instituted a prohibition on the
hunting associations and members of the hunting of listed predators, including lions,
public called for urgent action for this within 24 months of their release on large
practice to be outlawed. areas of land⁴. The then South African
Predator Breeders Association (SAPBA)
Soon after the expose on canned lion
legally challenged the regulations, as the
hunting in South Africa, the then Minister
regulations would have rendered hunting
of Environmental Affairs (DEA), Dr Pallo
of captive-raised lions as economically
Jordan, engaged with environmental
unviable. On the 29th of November 2010,
officials from all provinces and
the Supreme Court of Appeal of South
subsequently recommended a
Africa delivered a judgment in favor of
moratorium on the granting of licences for
SAPBA, stating that the DEA was
new breeding facilities, however this did
unreasonable for not including a
not materialize⁵. His successor, Mr Vali
transitional period to comply with the 24-
Moosa, also stated his opposition to the
month period; lacked a rational
captive breeding of lions for hunting, but
justification on a factual and scientific
also lacked action. In 2005, the Panel of
basis to indicate that captive-bred lions
Experts on Professional and Recreational
require a 24 month period to become self-
Hunting was convened by the then
sustainable; and providing no rational
Minister of DEA, Mr Marthinus van
basis that captive bred lions could be
Schalkwyk. The panel was tasked to look
rehabilitated; including that the lawfulness
into the canned hunting of large predators
of the decision taken on DEA’s part was
among other things and recommended
questioned as the court found no legal
that the hunting of any captive bred
basis for the regulation of ethical matters
animal should be disallowed, of which the
in legislation designed to conserve and
Executive Director of the NSPCA, Marcelle
protect biodiversity⁴. The implication
Meredith, served as one of the expert
thereof meant that the prohibitions under
panel members. The recommendations of
Regulation 24 of TOPS do not apply to the
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the panel, and the continued and
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hunting of captive-bred lions, however the
collective pressure from the conservation
Wild Animal Welfare National Council of SPCAs ©
prohibitions under Regulation 26 still groups, concerned citizens and wildlife
apply, whether it is wild or captive-bred, rehabilitators including but not limited to
because Regulation 26 applies to any the Endangered Wildlife Trust (EWT),
specimen of a listed threatened or Animal Rights Africa, SanWild Wildlife
protected species, which includes lions. In Trust, Animal Anti-Cruelty League (AACL),
essence, the hunting of captive-bred lions FOUR PAWS Animal Welfare Foundation -
remains legal, provided the hunter South Africa, LIONSROCK Big Cat
conforms to the prohibitions under Sanctuary, FreeMe Wildlife Rehabilitation
Regulation 26, which include that the lion Centre, International Fund for Animal
may not be hunted if it is trapped against Welfare (IFAW), Wilderness Foundation,
a fence or in a small enclosure where the De Wildt Cheetah and Wildlife Trust,
animal does not have a fair chance of Wildlife and Environment Society of South
evading the hunter, thus allowing the Africa (WESSA), Karen Trendler (Animal
captive lion industry to continue to grow. welfare consultant and stakeholder), Sven
Kreher (Concerned citizen and
Since the time that canned hunting was
stakeholder) and Margi Brocklehurst
exposed, the NSPCA has raised opposition
(Wildlife rehabilitator & concerned
to the captive lion industry in its entirety
citizen). The NGO Alliance compiled and
and have attempted through various
presented a detailed response
means to address animal welfare and
management and action plan to the DEA
cruelty associated with the industry,
in 2009, which included assistance in
including the fact that it serves no
closing down the captive lion industry and
conservation value and the blatant
providing full consideration to the fate and
disconnect to the ethical issues embedded
well-being of all the lions in captivity.
in the utilisation of captive lions. A
combination of both the preceding and Furthermore, the lion bone trade industry
overall opposition to the captive lion is not a new concern area for the NSPCA.
industry, including the past attempt by Whilst the lion bone trade industry has
Minister van Schalkwyk to tighten come under the spotlight in recent years,
regulations, lead to what was considered past attempts to address this industry was
back then as a potential crisis if the also brought to the attention of the DEA,
regulations remained unchallenged by of which the NGO Alliance Group appealed
SAPBA, as the positive outcome would to the DEA back then to address this issue
have effectively halted the hunting of through legislative controls to avert a
captive-raised lions, however the well- further crisis and possible conservation
being, quality of life and the future of implications. Unfortunately, SAPBA
thousands of animals in captivity succeeded in having the TOPS regulations
remained a concern and required a regarding the hunting of captive lions set
solution. It resulted in the formation of aside in 2010, and the recommendations
the NGO Alliance Grouping led by the afforded from the NGO Alliance Grouping
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NSPCA and included conservationists, resulted in no action from government, In
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animal welfare-, rescue- and rights- addition, the lion bone trade was not
Wild Animal Welfare National Council of SPCAs ©
publically acknowledge by government. facilities registered in terms of the TOPS
The industry continued to grow and with it Regulations⁹. Yet, the size of the captive
the associated welfare and cruelty issues. lion industry that resulted from an audit
The trade in lion bone carried on quietly remains highly questioned, as it does not
under the radar. indicated exactly how many facilities exits
across the country and the number of
large predators being kept. Other
estimates are higher, estimating 459
facilities and between 10 000 to 12 000
captive lions.
C O N T IN UE D D I SSE R V IC E T O
C A PT IV E LI O N S The rapid expansion of lion breeding,
captive hunting and tourism activities,
including other spin-off industries remains
It has been more than two decades since
highly controversial and widely opposed.
the initial expose of the inhumane nature
The commercial nature of the industry is
of canned lion hunting, the very same
entrenched within a profit-and-production
period for which the DEA has consistently
based model that exploits these animals at
facilitated the growth of the captive lion
every stage of their lives. Lions are
industry, except for the period between
intensively bred, cubs are removed from
2007 – 2010, by maintaining legislation
the mother and used, purchased or rented
which enables the issuing authorities of
for human interaction, once too big they
each respective province to issue permits
are used in lion walk excursions before
for lion breeding and hunting⁵. To date,
being sold for further exhibition and
the captive lion industry has been allowed
breeding purposes or even for captive lion
to operate within a framework that can
hunts. Their body parts are sold directly or
only be described as unlimited,
indirectly into the global lion bone trade
unregulated and uncontrolled, with
to be used in products of no medicinal
inadequate regulation. The captive lion
value. The industry also includes lions
industry commenced in the 1990’s and by
used for filming and photographic
1999 there were no more than a few
purposes, including live exports.
hundred captive lions in South Africa⁷,
with estimations of around 5 800 captive- A number of other species can also be
bred lions in 2013, almost double the found at some captive lion facilities for
number in 2005⁸. In August 2019, the tourism-related, exhibition, breeding
same year the DEA was renamed to the and/or trade purposes, including but not
Department of Environment, Forestry and limited to brown bears, coatis, mountain
Fisheries (DEFF), the current Minister, Ms. lions, bobcats, jaguars, Siberian tigers,
B.D. Creecy, stated in an official written Bengal tigers, raccoons, blue-and-scarlet
reply to a parliamentary question, that macaws, African Grey parrots, alligators,
there are approximately 7979 lions in Iguanas, Bearded dragons, European wild
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captivity and there are 366 captive
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boars, yellow anacondas, greenWild Animal Welfare National Council of SPCAs ©
anacondas, various venomous and non- their health or well-being, and to have the
venomous species of snakes, sugar gliders, environment protected for the benefit of
marmosets, capuchin monkeys, present and future generations. The
hamadryas baboons, pygmy hippos, DEFF’s mission is to provide leadership in
Canadian timber wolfs, Arctic fox, fennec environmental management, conservation
fox, chimpanzees, howler monkeys, and protection towards sustainability for
cotton-top tamarins, Red-handed the benefit of South Africans and the
tamarins, western purple faced langur, global community¹⁰. The DEFF is
squirrel monkeys, chinchilla ring tailed ultimately responsible for the regulation
lemurs, caracal, panthers and leopards. and management of all biodiversity,
heritage and conservation matters in a
Problem areas with regards to the captive
manner that facilitates sustainable
lion industry range from continued animal
economic growth and development. The
suffering, cruelty and compromised
mission of the DALRRD is to accelerate
animal welfare; unresolved mandate
land reform, catalyse rural development
conflict between the DEFF and the
and improve agricultural production to
Department of Agriculture, Land Reform
stimulate economic development and
and Rural Development (DALRRD); the
food security. Of the various functions and
unregulated nature of the industry; the
structures, the DALRRD is responsible to
misuse of the sustainable use principle to
develop norms and standards for animal
justify the existence of the industry
production and game farming and to
despite warnings against the collective
ensure effective regulation, monitoring
harm it poses to South Africa; to the lack
and impact assessment of animal
in conservation value; and the abrasive
production and game farming systems,
and eroding moral and ethical dilemma
among other things¹¹. The mandate
associated with the industry where the
conflict is twofold, firstly, the DEFF
African lion, a highly charismatic member
administers provisions of the National
of the megafauna of Africa, and one of the
Environmental Management: Biodiversity
most loved and iconic animals of the
Act, 2004 (Act No. 10 of 2004) (NEMBA)
world, including one of the biggest
and other relevant regulations such as
drawcards for travellers to Africa, is
dealing with TOPS species and the DALRRD
reduced to basically an intensively bred
administers animal health and welfare
farmed animal and caged for human
legislation through the APA (No. 71 of
entertainment.
1962, the Performing Animals Protection
The DEFF is appointed as the custodians Act 24 of 1935 (PAPA Act) as amended and
and ambassadors of the natural the Animal Matters Amendment Act, 1993
environment and all the species (Act No. 42 of 1993). In essence, DEFF
dependant on it for survival, whilst their permits the existence of the captive lion
mandate is to give effect to Section 24 of industry, arguing that animal welfare is
the Constitution, i.e. the right of citizens to not their mandate and irresponsibly shifts
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an environment that is not harmful to the regulatory role with regards theWild Animal Welfare National Council of SPCAs ©
welfare of captive lions to DALRRD, whilst the Colloquium, outlining clear time
both DEFF and DALRRD have not delivered frames for achieving this. The mandate
on developing national standards for the conflict between the DEFF and the
captive keeping and breeding of lions as DALRRD has been an ongoing issue for
per the implementing parties among years and as a consequence, consideration
others as stated in the Biodiversity for the desperate need for sufficient wild
Management Plan for the Lion (Panthera animal welfare continues to fall through
leo) in South Africa (BMP) ¹². The BMP was the cracks. There is no valid reason for
released in 2015 and provides for clear overlapping mandates to dampen efforts
distinctions between the objectives for to serve in the best interest of animals, as
wild, managed wild and captive lion Chapter 3 of the Constitutionᶟ clearly state
populations, with a specific set of actions that all spheres of government must both
for each objective for the period from observe and adhere to the principles and
2015 - 2019. The intended 5-year outcome conduct their activities within the
states that the norms and standards parameters of Chapter 3. Under principles
should be developed and implemented of co-operative government and
and by 2019, all permit holders have to intergovernmental relations it states
comply with the minimum standards or be further that all spheres of government and
closed down permanently. To date this all organs of state must – “co-operate with
has not materialized. one another in mutual trust and good faith
by assisting and supporting one another;
The Portfolio Committee on
informing one another of, and consulting
Environmental Affairs hosted a historic
one another on, matters of common
two-day colloquium in August 2018
interest; and co-ordinating their actions
entitled - Captive Lion Breeding for
and legislation with one another” among
Hunting in South Africa: Harming or
other things.
Promoting the conservation image of the
country, held on 21 and 22 August 2018. Another instruction from the Portfolio
The purpose was to interrogate the Committee stated that the DEFF should
captive lion industry and associated conduct an audit of all captive breeding
practices that has gained the reputation facilities in South Africa to verify and
for being the most controversial subject in ensure that the facilities are compliant in
the conservation industry due to the terms of the relevant legislation. In
damage caused to the conservation image addition, the Portfolio Committee wanted
of South Africa⁴. The Portfolio Committee to know why DEFF have allowed for the
recognised the both the DEFF and the captive lion industry to grow without
DALRRD have dropped the animal welfare proper governance, especially when the
ball and as a resolution instructed both number of facilities and captive lion are
governmental departments to present a not fully known¹³. However, reports
clear programme of work on how they indicate that the audit resulted in only 227
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intend to address animal welfare and lion facilities inspected of which 88
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health issues that had been raised during facilities were found to be non-compliantWild Animal Welfare National Council of SPCAs ©
with TOPS regulations, and other captive lion breeding and make
provincial regulations that were meant to recommendations that will ultimately save
govern this industry of which the permits both South Africa’s conservation
were merely renewed, without legal reputation and the thousands of captive
repercussions¹⁴. This is just another pile- lions condemned to a life of misery and
on that illustrate that government have for the disservice to captive lions to stop¹⁵.
allowed the captive lion industry to
proliferate without sufficient governance
or consequences for violations in terms of
relevant legislation.
Fifteen years ago, the DEFF attempted to C O N SE R VA T IO N V A LU E
curb the captive lion industry and have
once again been presented with that
The promulgation of the Game Theft Act
opportunity. The colloquium resulted in an
No. 105 of 1991 has allowed for the
overwhelming consensus for the need to
private ownership of wildlife where
bring an end to the controversial aspects
private properties are adequately fenced.
of the captive lion industry. It was
This and the concept of sustainable use as
recognised that the industry holds no
included in the Constitution in 1994 have
conservation value; is damaging to South
subsequently awarded wildlife with a
Africa’s conservation reputation, its
financial incentive proven to be a
tourism sector and the socio-economic
competitive land-use alternative and has
welfare of South Africans; and is
led to the establishment of a formal
considered unethical and holds significant
wildlife sector in South Africa¹⁶. Whilst
animal welfare concerns. Subsequently
there are credible examples that serve to
the DEFF has been instructed to initiate a
prove how private ownership has saved
policy and legislative review of captive
species from extinction and that the
breeding of lions for hunting and lion bone
wildlife sector has largely been compatible
trade with a view to putting an end to this
with biodiversity conservation, however
practice. This resolution was adopted by
certain sub-sectors have shown to be
National Assembly. Minister Creecy of the
risking biodiversity conservation. Even
DEFF have subsequently established a
though game numbers have increased in
high-level panel for the review of existing
numbers for some species over the last 30
policies, legislation and practices relating
years as a result of wildlife privatization,
to the management and handling,
an increase in numbers alone does not
breeding, hunting and trade of elephant,
necessarily constitute a significant
lion, leopard and rhinoceros. The NSPCA
contribution to biodiversity conservation.
have made submissions to the panel and
It is only when wildlife areas contribute to
awaiting the final outcome. As stated in
all the components of biodiversity from
the media, it remains to be seen whether
genetic to functional diversity that these
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the DEFF and the high-level panel finally
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contribute to the conservation of
accepts the weight of the evidence againstWild Animal Welfare National Council of SPCAs ©
biodiversity as a whole¹⁶. Which suggests externalities associated with the industry,
that evidence of the conservation value is it is estimated that the industry may
subject to a case-by-case basis or that undermine South Africa’s brand
individual land-use practices within the attractiveness as a tourism destination by
wildlife sector is subject to certain criteria up to R54.51bn over the next decade.
of what constitutes as credible Current and future damage caused, may
conservation value. For instance, intensive undermine tourism revenue potential
management and selective breeding of significantly, as there are other high-cost
game has been identified as a sub-sector destinations that offer more ethical
that poses a number of significant risks to opportunities to observe the big five in the
biodiversity at landscape, ecosystem and wild, which is one of the most important
species level, including but not limited to drawcards to attract tourists to South
loss of genetic diversity affecting fitness Africa. The knock-on-effect would include
and adaptability; habitat degradation and that much needed funds to conserve large
fragmentation due to impermeable wilderness landscapes are negatively
cramped fencing; killing of predators to affected which in turn would affect the
protect high-value game; domestication of megafauna dependent on these habitats
wild species resulting in loss of ability to for survival¹⁷.
adapt to wild conditions; disruption of the
There are further claims that the industry
natural selection process; and resistance
can be used for reintroducing captive lions
built up to stock remedies and veterinary
into the wild for its role in species
medicines¹⁶.
restoration and broader conservation
Regardless of the claims made by industry outcomes. Published research and
role-players the captive lion industry in its conservation experts state that there is
entirety has no conservation value. This absolutely no need to use captive lions for
sub-sector also poses significant risks to reintroduction purposes, as wild sourced
the biodiversity economy of South Africa, lions in well-planned translocation and
as it undermines South Africa’s tourism introduction programmes to new areas,
brand value and tarnishes South Africa’s including the restoration of lion to areas of
historical conservation reputation¹⁷. The the species former range has historically
industry attracts both day visitors and been used and proven successful since
high-paying volunteers under false 1991¹⁸. Translocating wild lions to both
pretexts. Tied in a neatly folded bow, establish new populations and
perceptions matter in the tourism game supplementing declining populations has
and in a world increasingly characterised become routine. With national and
by ethically conscious consumption, the international recognised conservation
continued unethical practices associated plans in place, none of them identify the
with the captive lion industry threatens captive keeping and breeding of large
the tourism sector, a large contributor to carnivores as a means to contribute
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South Africa’s economy and one of the towards the conservation of wild lion
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biggest employers. Due to the negative populations. Not only is the relocation ofWild Animal Welfare National Council of SPCAs ©
wild lion the most effective for restocking direct threat to biodiversity and
and repopulating an area, there are ecosystem function by risking the survival
sufficient wild lion to support this practice, of wild lion populations as keystone
no need exists for supplementation from species via genetic pollution and reduced
captive populations. In addition there are genetic diversity that negatively affects
a number of serious concerns regarding individual fitness; health; survival and
the introduction of captive bred lion to future adaptability due to the risks of
wild habitats. Carnivore reintroductions weakened resilience or reduced adaptive
and restocking are expensive, complex capacity to environmental changes; health
and require expertise and a wider range of hazards; ecosystem transformations; or
factors to be taken into account. the effects of climate change. Relatively
Relocation of wild lion is the preferred small receiving lion populations could be
option over the release of captive bred more vulnerable compared to larger or
stock as wild animals are less likely genetically more diverse populations.
reservoirs compared to captive animals Captive bred carnivores are more
which may be exposed to a greater range dangerous than wild lions, as they lose
of exotic pathogens, furthermore the their fear of humans and associate
captive lion industry does not contain a humans as food providers¹⁹.
formal rigorous disease screening
The NSPCA is of the view that any current
programme¹⁶. Maladaptive behaviour due
or future attempts to use captive origin
to impoverished captive environments
lions for reintroduction purposes only
such as males inexplicably killing females,
portrays the desperation of industry to
or high mortality rates in cubs due to
find any way possible to justify the
failing to thrive are unknown among wild
existence of an industry that is regarded
sourced lions for species restoration
as repulsive both domestically and
programmes¹⁸. The use of captive sourced
internationally. In addition, the captive
lions holds genetic implications. The lack
lion industry does not contribute towards
of responsible breeding, absence of
addressing the root causes of the real
studbooks, no accredited national
threats faced by the African lion, such as
breeding programme and lion of unknown
habitat loss; indiscriminate killing; prey
origin sourced from the captive lion
base depletion; disease; trophy hunting;
industry excludes them from being a safe
and the illegal trade in lion body parts and
and responsible source of animals for
trade in lion bone exports. This ultimately,
restocking areas. The dubious genetic
does not contribute towards the
lineage of captive lions as a result of
conservation of the African lion, but to the
uncontrolled and intensive selective
continued abuse of lions kept in captive
breeding of captive lions, as well as human
lion facilities in South Africa. The NSPCA
imprinting and coupled with not growing
only supports bona fide conservation
up in natural social groups renders captive
measures in the interest of wild lion
10
lions at risks for their own welfare and
populations, roaming free in their natural
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risking their wild counterparts¹⁹. It poses a
habitat and contributing to biodiversityWild Animal Welfare National Council of SPCAs ©
conservation and ecosystem function as the sustainable use principle is
keystone and flagship species. manipulated to justify its existence. Whilst
the Constitution provides for the right to
Regardless of the fact that certain
use natural resources, such use should be
practices within the captive lion industry
done responsibility and in a way that is
remain legal, industry role-players
ethical and humane, aspects the captive
continue to defend their right-to-use
lion industry lacks in addition to its lack in
under the sustainable use principle,
conservation value. An industry that
objecting to what they consider are
threatens the very bedrock on which
unreasonable controls and limitations on
South Africa has built its conservation
their business. The NSPCA is of the view
reputation should not be supported.
that the industry itself does not contribute
to the sustainable and responsible use of
natural resources, nor to biodiversity
conservation. The sustainable use
principle is moulded and modified within
the framework of regulations and A N I MA L W E LF A R E &
legislation to include wildlife conservation R E L E V A N T IS S UE S
alongside provisions that promote
commodification²⁰. Subsequently, South
What is welfare? Welfare very basically
Africa has arguably, the largest and most
refers to the physical, physiological and
commercialized wildlife industry in the
mental well-being of an animal.
world. Sustainable use in essence refers to
Regardless of the relationship humans
the concept that natural resources may be
have with animals whether directly as
harvested and used as long as the relevant
companion animals or indirectly as a
population’s maximum sustainable yield is
means of a valuable service provided or
not exceeded, i.e. use of animal for
products derived from animals, humans
commercial purposes is not necessarily
have a moral and ethical obligation to
problematic, provided that over-
ensure that all animals receive treatment
exploitation is avoided ¹⁷. The NSPCA does
that is considered both responsible and
not disregard the sustainable utilisation
humane. The World Organisation for
principle, as it remains a constitutional
Animal Health (OIE) describes animal
right, provided it is done lawfully, however
welfare as follows²¹:
the NSPCA also agrees that there is also
the reality that this principle has become a “Animal welfare means how an animal is
smokescreen behind which controversial coping with the conditions in which it lives.
decisions are rationalised, based on a An animal is in a good state of welfare if
narrow reading of section 24 of the (as indicated by scientific evidence) it is
Constitution at the expense of broader healthy, comfortable, well nourished, safe,
biodiversity preservation commitments able to express innate behavior, and if it is
11
made in the same section¹⁷. The captive not suffering from unpleasant states such
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lion industry serves as an example of how as pain, fear and distress. Good animalWild Animal Welfare National Council of SPCAs ©
welfare requires disease prevention and The Five Freedoms have been
veterinary treatment, appropriate shelter, exceptionally influential in shaping the
management, nutrition, humane handling development of animal welfare standards.
and humane slaughter/ killing. Animal The NSPCA has adopted the Five
welfare refers to the state of the animal; Freedoms as part of the organisation’s
the treatment that an animal receives is policy and has played a crucial role in
covered by other terms such as animal animal welfare standards and
care, animal husbandry and humane considerations. Whilst the Five Freedoms
treatment”. remains vital, recent years have brought
on a growing understanding of animal
The Five Freedoms was the first widely sentience and science-based
accepted evidence-based framework to understanding of animal welfare. Animal
capture the key aspects of animal welfare welfare has moved from only simply
in one model²². Initially developed in the meeting basic animal needs; and
1960’s by Britain’s Farm Animal Welfare minimizing negative states and distress, to
Council, the Five Freedoms are recognising the emotional needs of
international recognised and widely animals and encouraging positive
accepted as being the absolute basics of experiences and mental states²³. With this
animal welfare and apply to the welfare of growing understanding of animal welfare
all animals, not just livestock²³. and seeking means to actually assess and
measure the severity of compromised
The Five Freedoms are as follows:
animal welfare a new model, the Five
Freedom from hunger and thirst – by Domains model has been introduced. The
ready access to fresh water and a diet to Five Domains model provides for an
maintain full health and vigour; effective tool in evaluating and facilitating
animal welfare that is focused more on
Freedom from discomfort – by providing positive states and a more comprehensive,
an appropriate environment including objective, encompassing approach. The
shelter and a comfortable resting area; Five Domains model recognizes four
physical domains namely nutrition, health,
Freedom from pain, injury or disease – by
behavior and environment, with the fifth
prevention, rapid diagnosis and
domain being the mental
treatment;
state²⁴. Ultimately, the model illustrates
Freedom to express normal behaviour – how compromises in an animal’s nutrition,
by providing sufficient space, proper environment, health and behavior can all
facilities and company of the animal’s own impact upon its mental state. Each domain
kind; and may overlap and have combined effects
on the overall welfare status of an
Freedom from fear and distress – by individual animal and serve as a
12
ensuring conditions and treatment which framework for the broad assessment of
Page
avoid mental suffering. animal welfare²⁵.Wild Animal Welfare National Council of SPCAs ©
Cubs pulled from
mother for hand
rearing
Cubs used for
Breeding females paying volunteers
& petting
Lion moved on for Older cubs used for
hunting or lion walking
slaughter
Figure 1: Life cycle of a captive lion.
What are the welfare paying volunteer programmes and for
tourist interaction opportunities.
problems associated with Volunteers and tourists are misinformed
the commercial captive and believe they are helping these animals
breeding of lion? in some way or that these captive animals
are designed for release back into the
Each stage of a lion’s captive life cycle has wild.
welfare implications combined with the
overall challenges of maintaining large Volunteers are mostly inexperienced and
carnivores in captivity detailed in next do not question or have the knowledge or
section as outlined in Figure 1. understanding to identify problems or
inadequacies in the cub rearing protocols.
The novelty value of rearing cubs results in
EARLY REMOVAL OF CUBS & CUB excessive and unnecessary handling. The
PETTING tourist and volunteers facilities are not
designed or managed as proper
A popular practice with cubs born in
rehabilitation facilities, hygiene and
captivity includes the early removal from
biosecurity measures remain poor and
the mother when they are about 3 to 10
facilities inadequate for providing for the
days old²⁶. This practice caters for the
needs of rapidly growing and developing
paying volunteer and tourist market,
cubs.
13
whereby a ready supply of cubs are
available for hand-rearing purposes via
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Cubs used for tourism interaction andWild Animal Welfare National Council of SPCAs ©
photo opportunities adds to the handling prematurely or to be handled and
and stress load of the animal. Captive touched by humans²⁷.
facilities do not provide for an avoidance - Inadequate diets lead to poor
facility for the cubs providing the cub with nutritional and immune status with
the opportunity to move away from the possible short-and-long term
interaction, subjecting the cubs to health issues.
repeated forced interactions with tourists. - Cubs need adequate sleep for
Handling is not adequately supervised and development, of which constant
inexperienced handling by tourists and disturbance and lack of rest
children can be rough on lion cubs, impedes healthy development.
especially if the frequency and duration of - Poor monitoring and response to
the interactions are excessive. health and developmental
problems holds animal welfare
Cubs are also removed to increase implications.
breeding under the guise that the mother - Excessive and rough handling
has abandoned them or will kill them, range from mild discomfort to pain
ironically and sadly, this is a self-fulfilling and injuries. Additionally, handling
prophecy on lion farms. Poor husbandry in cubs with nutritionally induced
and management practices, including bone problems is not only painful
inadequate facilities and veterinary input but may result in bone fractures.
all contribute to higher rates of - Poor rearing protocols can result in
abandonment and killing of cubs by the long term, permanent and even
mother. fatal health problems.
- The combination of stress,
Compromised animal welfare, including
inadequate nutrition, hygiene,
relevant issues pertaining to cub petting
biosecurity and veterinary input
may include but are not limited to the
results in poor immunity and
following:
higher levels of disease.
- Wild animals are naturally fearful - There is no conservation or
of humans, therefore, any tactile educational value in cub petting²⁷.
interactions such as cub petting is
regarded as unnatural behaviour²⁷. WALKING WITH LIONS
- Generally, the cubs have no control
or choice to be involved in the When cubs become too old, dangerous
interaction activity, often left with and difficult to handle for cub petting
no means of escape²⁷. purposes, some are moved or sold to
- Cub petting involves removal of facilities that offer ‘walking with lion’
the cub from its mother, which is activities. This basically involves, as the
stressful for both the cub and the name suggest, tourists walking and
14
mother²⁷. It is not in the best interacting with sub-adult lions. The lions
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interest of the cub to be removed are often walked at all hours of the day,Wild Animal Welfare National Council of SPCAs ©
often in the heat and at times when they slaughtered directly for the lion bone
would be sleeping and resting in natural trade.
and free ranging conditions.
Canned hunting refers to the shooting of
Training lions to walk next to humans is captive bred and/or tame animals in
regarded as unnatural behavior that confined areas, which according to Blood
serves no conservation or educational Lions covers other definitions such as
value. Sometimes harmful and negative captive hunting and ranch hunting as
techniques are used in training. In well²⁸. The term became popular since the
addition, the animal does not have a Cook Report broadcast in 1997. Now the
choice of freedom and it is not an activity term refers to hunting of wild animals in
that the animal would naturally initiate²⁷. confined areas with little to no chance of
escape. Canned hunting is widespread in
South Africa and refers not only to the
LION MOVED ON FOR HUNTING
hunting of captive lions, but to all wild
& SLAUGHTER FOR BONE &
animals bred in captivity specifically to be
PRODUCT
shot²⁸. The TOPS Regulations²⁹ does
The use of lions for captive/canned provide for prohibitions for hunting a
hunting purposes and for the lion bone listed threatened or protected species
trade may involve various sources. Some with set hunting regulations which makes
lions are bred directly for captive hunting canned hunting an illegal activity.
purposes with minimal human imprinting, Depending in which province the hunt
known as ranched lion by the South takes place, the captive bred lion is
African Predator Association (SAPA) and released into an area and for a period
hunted in larger enclosures¹⁷. Other lions (that differs from province to province)
are used for cub petting purposes initially, and the lion is shot as a ‘re-wilded’ lion.
of which the cubs are exploited either at This is from a conservation, scientific and
the breeding facility itself or sold from wildlife rehabilitation perspective, not re-
breeding farms to the petting facilities. wilding, but regulations and definitions
Some facilities rent cubs from breeders were introduced to make the hunting of
and return them once they have fulfilled captive bred animals seem less distasteful,
their initial commercial purpose. Once however it is still ‘put- and take’, with
cubs are too old to pet, they are either serious welfare and ethical implications.
sold to hunting facilities or become The re-wilding phase is not designed to
‘walking’ lions, before being sold either facilitate effective and successful wildlife
directly into the bone trade or to the rehabilitation but merely to fulfill the legal
captive/canned hunting industry¹⁷. Due to requirements for the hunting of a captive
a decline in the demand for bred lion to avoid the ‘canned’ label.
captive/canned hunting in recent years,
The relocation process itself may hold
15
coupled with continued intensive
animal welfare implications, which
breeding, many lions are being
Page
involves crating and transport. DependingWild Animal Welfare National Council of SPCAs ©
on the provincial requirements, timing and other provinces to the Free State Province
‘re-wilding’ conditions vary, adding to be slaughtered for their bone in what is
additional and unnecessary stress to the referred to as lion mass slaughterhouses.
animal, including the physical challenges Currently, there is no financial incentive
experienced by the animal as it tries to for a breeder to maintain captive lions
adapt to a new environment and designed for lion bone trade as a primary
circumstances. The care and effort put product to be in a healthy and physically
into genuine re-wilding and rehabilitation appealing condition, compared to lion
are absent as the intention is to facilitate a designed for captive hunting. In addition,
hunt and not long-term survival and there are no regulations or guidelines for
proper integration back into a free-ranging the slaughter of lion for production
situation. purposes, which means whilst there are
mandatory welfare protocols, such as
The captive lion cycle is completed with stunning prior to slaughter applicable to
the lion bone trade, where captive lions livestock in abattoirs, none exist for lion.
are killed in captivity in order to export
their skeletons to Asia, used to The welfare implications of the practice
supplement the tiger bone trade, as a attracted public attention when Senior
substitute in Tiger Bone Wine or made Inspector, Reinet Meyer from the
into Tiger Bone Cakes²⁶. Bloemfontein SPCA conducted an
inspection on Wag ‘n Bietjie Farm, only to
Disingenuously referred to as ‘euthanasia’ find what was described as a low-tech lion
on permits and by industry role-players, slaughterhouse³⁰. As found with all the
the killing of lions for the lion bone trade sub-sectors of the captive lion industry,
is not euthanasia by intention or means, animal welfare has never been an
as in the true sense of the practice, it overriding concern and slaughter of lion
involves the killing or slaughter of an for the bone trade is no different.
animal in order to obtain product derived Inspector Meyer found that two adult
from the animal. Euthanasia is a humane lions that were transported from
process intended as a compassionate Predator’s Park near Johannesburg were
action, whilst slaughter is killing for kept in small transport crates for two days
commercial purposes and production of a without food or water, awaiting to be
product. Farm animals are not sent to the slaughtered at the Wag ‘n Bietjie farm.
abattoir to be euthanized, but During the inspection she also found
slaughtered. Using the term euthanasia workers stripping the skin and flesh off
only provides a false dressing of the fresh carcasses of 26 lions. The same day
inhumane and unethical practices an additional 28 lions arrived, planned to
associated with the practice. be slaughtered the next day of which the
farmer once again wanted to leave these
Currently, only the Free State Province is
16
lions in their transport crates.³⁰ For
issuing permits for ‘euthanasia’ of lion for
animals to be transported over long
Page
bone. Captive lions are transported fromWild Animal Welfare National Council of SPCAs ©
distances and then held in small crates female’s body through intensive breeding
without food or water for an extended takes a substantial toll on the animal’s
period prior to being killed constitutes as health. It also results in each litter
animal cruelty. Bloemfontein SPCA has a becoming progressively weaker as the
cruelty case pending following the cruel female’s condition deteriorates. The
and inhumane handling and killing of lion hormonal roller coaster places addition
for bone. stress on her body and the stress of having
cubs repeatedly removed is also a serious
Theoretically a veterinarian drugs the lion welfare concern. Combine this with
and it is then shot. Following an outcry inadequate nutrition and questionable
about the killing of lion for bone, some breeding practices, breeding females are
vets have been unwilling to be involved. repeatedly exposed to compromised
Due to the demand for undamaged skulls animal welfare.
on the Asian market, there are reports of
lion being shot with soft nose .22
ammunition through the eye or ear to
avoid damaging the skull. This may not kill
outright and there are deeply concerning
reports of lion been processed /’dressed’
whilst unconscious but still alive.
General welfare challenges
With the recent change from bone as a by- and constraints placed on
product of captive hunting to bone as the large carnivores in
primary product, there has been an
alarming increase in the welfare problems
captivity.
and even lower standards of husbandry
and care. It has also been found that the
welfare standards are better at facilities
that are open to the public than some of
the closed farms breeding for hunting and QUESTIONABLE BREEDING &
bone production out of the public eye. GENETIC ISSUES
The poor and often unregulated
BREEDING FEMALES management of breeding in some
facilities; the repeated back breeding; the
intensive breeding of females; and
The removal of cubs from mothers’ forces allowing genetically compromised animals
the females back into oestrus and to breed contributes not only to highly
increased breeding cycles where they can questionable genetics but various welfare
give birth up to 4 times faster than and health issues.
lionesses in the wild²⁶.
17
Inbreeding, including the intentional and
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The physical demands placed on the selective breeding of rare genetic traits toWild Animal Welfare National Council of SPCAs ©
achieve colour morphs and variations such natural wild instincts remain. Being in
as the white lion has been linked to a captivity does not ‘domesticate’ an
number of deleterious effects that can animal. Domestication defined
cause significant health problems, scientifically requires selection for specific
compromise welfare and may even be features and then many hundreds, if not
lethal. Animal welfare consequences of thousands of years of selective breeding.
this practice include but are not limited to Large carnivores have none of the
general poor health; decline in overall characteristics that would qualify them as
fitness and fertility; increased suitable for domestication. The retention
susceptibility to disease and infection; of these inherent wild characteristics adds
shortened lifespan; still birth; congenital to the challenges and constraints imposed
defects such as changes in cranial by captivity and confinement.
structures and skull development, and
cleft palate; mental impairment and high Research has shown that carnivores that
cub mortality³⁹. In addition, an naturally have a wide range in the wild
abnormality reported in white lions and complex social lives are more
includes vascular ring anomaly around the vulnerable to welfare problems in
trachea and oesophagus. This abnormality captivity³¹. Failing to provide opportunities
leads to the inability to feed and swallow for or restricting natural behaviour
effectively and requires an operation for patterns in large carnivores in captivity
correction and survival³⁹. can lead to, in addition to the frustration
and stress, stereotypical behaviours,
Whilst Section 35 of the TOPS Regulations psychological dysfunction, poor breeding
state that registered facilities are subject and increased infant mortality rates³².
to the condition to prevent inbreeding of Impairment of certain brain functions
lions, inbreeding of captive lions remains a brought on by this reduces the animal’s
well-known factor for the captive lion ability to adapt to captive conditions.
industry²⁹. Pacing is one of the most prevalent
stereotypical behaviours and is observed
in carnivores that naturally range widely in
the wild and/or from territorial patrolling
behaviour that is restricted or limited due
EFFECTS OF A CAPTIVE to the constrains brought on from a
ENVIRONMENT
captive environment³².
Large carnivores in captivity are impacted
The behavioural needs of a carnivore in
by a number of factors that result in poor
captivity presents a challenge due to
welfare including constraints on natural
limited space which is further increased in
behaviour, lack of space and stimulation,
social captive carnivores. Whilst the
artificial diets and social challenges.
enclosure design to meet the specific
18
Captive lions are not regarded as biological and physiological needs of a
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domesticated large carnivores and their specie does remain important (note:Wild Animal Welfare National Council of SPCAs ©
captivity can never replace free-roaming Other studies have found that the feeding
environments), consideration of how of whole carcasses reduces pacing levels in
many animals are kept together, including captive lions³⁵. Carcasses require more
adequate space for each individual animal manipulation during consumption,
is also essential³³. Failure to take into allowing for more natural feeding
account natural social structures behaviors. Feeding of soft textures diets
contributes to stress. Maintaining large and food provided in a manner that
numbers of male lions together and in results in a lack of vigorous tearing and
overcrowded circumstances increases chewing can lead to jaw and muscle
aggression and fighting. Subservient and weakness, atrophy and dental problems³⁴.
bullied animals may suffer stress and
injuries, including being denied access to Different carnivore species adapt
food. All individuals in the group should differently to captivity and whilst lion
have access to all food items provided appear to adapt more readily and breed in
using the correct social groups, number of comparatively well in captivity, the
animals and multiple feeding stations or conditions under which lion are generally
use of scatter feeding³⁴. maintained in the captive breeding lion
industry lend themselves to poor welfare
One study found that captive lions would and both physical and psychological
engage more in stereotypical pacing on problems. A study by Saragusty et al.
days not fed, when fed on a 3 day interval. showed that lions in captivity exhibit a
Such pacing, as already mentioned is high percentage of skull malformations³³.
indicative of compromised welfare. When High occurrences of morbidity and
the feeding regime was altered to a daily mortality has been reported in young
feeding routine, it led to an overall captive lions, ranging from infanticide,
reduction in the level of stereotypic stillbirth, unknown causes and bone
pacing, however most of the reduction malformations, primarily of the skull, that
occurred before feeding, with post- includes thickening of the tentorium
feeding levels of pacing remaining cerebelli and occipital bone, and
unaffected³⁴. This is indicative that the narrowing of the foramen magnum (FM)³³.
reduction in pre-feeding pacing can be These changes apply pressure on the
explained by the animals no longer nervous tissue at the caudal fossa, causing
anticipating being fed, whilst the post- severe and potentially fatal neurologic
feeding pacing suggest that the food was abnormalities. The study included a total
inadequate in a sensory manner or the of 851 skulls of known captive and wild
food presentation was inadequate. status, comprising of both tiger and lion
Effective enrichment techniques are skulls, of which the results indicated that
required to improve natural feeding the foramen magnum height (FMH) is
methods and sensory input appropriate to smaller in the skulls of captive lions
19
the species. Feeding enrichment can compared to the skulls of wild lions. The
reduce occurrence of abnormal behavior. skulls of captive origin also showed FM
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