Legislation Protects Wild Animals from Harm and Exploitation

The Baboon Technical Team (BTT), comprising the City of Cape Town, South African National Parks (SANParks), SA Navy and CapeNature endorse all policing and law enforcement of all national, provincial and local laws relating to the protection of wild animals.

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Ordinance 19 of 1974

Summary
  • Baboons are listed in CITES Appendix II and are considered to be protected wild animals in terms of the Ordinance.
  • A hunting license is required to hunt baboons within a hunting season.
  • A permit is required to hunt baboons out of season or if there is no hunting season. The ordinance lists certain prohibited ways of hunting – among others, these include fire or poison, from a public road, in a public place within a municipal area, with a .22 rimfire firearm and with dogs.
  • The laying of poison in order to control animals, other than rodents, is strictly prohibited.
  • A permit from Cape Nature is required to use motor vehicles or aircraft to hunt baboons.
  • A permit from Cape Nature is required to transport, import or export live baboons, buy, sell, donate, receive as donation or possess live baboons.
  • A permit from Cape Nature is require to rehabilitate primates, including baboons, if required and necessary.
  • A permit from Cape Nature is require to make use of prohibited hunting methods such as paintball makers and bear-bangers.

Provincial Notice 955 of 1975

Summary
  • Facilities that keep baboons in capacity must be registered and are governed by certain regulations.
  • Animals in capacity must have their needs met.
  • The Notice stipulates cage sizes for captive animals.
  • No person may feed a baboon on or near a public road.

Regulation 42A of Provincial Notice (no. 955 of 1975) has been amended to prohibit the feeding of baboons in a built-up area or public place.

Excerpt:

42A. (1) No person may feed or attempt to feed any baboon (Papio hamadryas ursinus) or vervet monkey (Cercopithecus pygerythrus) in a built up area or public place.

(2) Subregulation (1) shall not apply in respect of a baboon (Papio hamadryas ursinus) or vervet monkey (Cercopithecus pygerythrus) that is—

(a) kept in captivity; or

(b) being transported in accordance with the provisions of the Ordinance.

Annual Hunting Provincial Notice

Summary
  • The Annual Hunting Provincial Notice is declared every year for the following year and includes information for the hunting season and bag limits.
  • No baboons may be hunted in any rural or urban area within the Cape Peninsula.

Other Applicable Legislation

Animal Protection Act, Act 71 of 1962

Measures for the prevention of cruelty to animals. NSPCA Inspectors are authorised in terms of the Animals Protection Act 71 of 1962 and the Performing Animals Protection Act No. 24 of 1935. In terms of both Acts, qualified inspectors with magisterial authorisation have the powers of a police officer.

Performing Animals Protection Act, Act 24 of 1935

All animal training and performing facilities must be licenced. The Act protects animals against cruelty during their training and performance.

Local authority by-laws

Municipal by-laws may be relevant in certain areas as per that municipality.

Firearms Control Act, Act 60 of 2000

Regulates the use of firearms; no firearm may be discharged in a public or build-up area

Additional information: CapeNature

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Defining The Word 'Hunt'

‘Hunt’ as defined by Ordinance 19 of 1974 is:
‘Hunt’ – in relation to any wild animal means ‘by any means whatsoever to hunt or search for, to kill, capture or attempt to kill and capture, or to pursue, follow or drive with intent to capture, or to shoot at, poison, lie in wait for or wilfully disturb’.

Important To Note

Shooting at baboons with paintball or pellet guns could result in two years’ imprisonment, a fine of up to R10,000 or both. Human Wildlife Solutions (HWS) have the required permit from CapeNature to use these tools.

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