‘Could Culling of Elephants be Considered Inhumane and Illegal in South African Law?’: A Response and Further Thoughts

Abstract

Abstract Culling of certain species remains a sensitive topic. This is especially true when considering the culling of so-called sentient animals like elephants. This article builds on a previous paper published in this Journal and aims to both agree and disagree with some of the arguments raised. Primarily this article raises concerns about what was termed the potential illegality of elephant culling in South African law. In doing so, a summary of the arguments not contested and also those contested is presented; a discussion of the ‘legality’ of culling is presented; the exclusion of conservation imperatives from the original paper is examined; a legal synopsis of welfare and rights within the South African Constitution is presented; and finally concluding remarks is made together with thoughts on future research.