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High court orders Marloth Park’s excess game to be removed

The NSPCA applied to the high court to have game management in Marloth Park implemented urgently.

The management of game in the popular holiday town, Marloth Park, bordering the Kruger Park, must be implemented without delay.

This instruction follows after the National Society of the Prevention of Cruelty to Animals (NSPCA) brought an urgent application before the Mpumalanga Division of the High Court.

The relief sought by the NSPCA was to force the Nkomazi Local Municipality (NLM) to go ahead with the removal of excess animals from this overgrazed, drought-stricken town, and it was granted by Acting Judge Naomi Engelbrecht last Friday, November 22.

The animals in this park have been suffering of, among others, starvation, malnutrition and tuberculosis, which saw hundreds of them dying or having to be put down. Although the NLM was aware of the crisis, it was hampered to implement a proper management programme, which included culling, due to an court interdict obtained by the Marloth Park Ratepayers Association (MPRA) in November 2017, to not allow the shooting and/or culling of animals between the houses.

ALSO READ: Marloth Park game must be culled – NSPCA

The MPRA claimed at the time that the residents’ lives were endangered by ‘unqualified’ people shooting or merely just wounding animals.

During last Friday’s hearing, the NSPCA said the ‘blanket interdict’ that the MPRA claims to have against the shooting was not valid, as it was only a temporary relief. It also said the claim that is being spread that the NSPCA wants to remove all animals from Marloth Park is not true.

Grace de Lange, appearing on behalf of the NSPCA, reiterated that it is not or ever was the intention to remove all animals from Marloth.

Animals lining up to be fed by residents in the overgrazed Marloth Park. > Photo: Jacqueline Herbst

In a three-sentence verdict, Engelbrecht ordered the NLM to “do all necessary things to immediately manage the population crisis of wildlife within Marloth Park humanely and as a matter of urgency.” She also ordered the NLM to supply additional feeding and veterinary care while they are preparing to manage the wildlife as they deem fit.

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The Marloth Park Property Owners Association (MPPOA) said in a statement about the claim that all animals will be removed: “They [the NSPCA] are not stupid and clearly understand that it is not practically possible to remove all animals. This issue needs to be put to rest for once and for all, and the hysteria created to recruit members needs to stop. This is a significant milestone for Marloth Park. Finally, after seven years of interference, threats and legal action by some homeowners, Nkomazi Local Municipality is in a position to carry out its conservation duties.”

The MPPOA also said any interference in NLM carrying out its duties, be it physical, threats, intimidation, an abuse of the legal process, thereby deliberately causing disruption, delays or derailment of game removal or culling will have serious consequences. “Such action to hamper the municipality in exercising its duties may result in being found guilty of contempt of the court.”

The NLM is the only organisation in Marloth that has a legal standing to manage the animal numbers. “They do not need to seek permission, consult or even listen to any other Marloth Park organisation,” the statement read.

ALSO READ: WATCH: Moment of disarray as leopard sprints through picnic spot in Kruger National Park

Cyril Rapinga, the spokesperson for the NLM, welcomed the verdict and said plans that have been on the table to address the overpopulation crisis will now be implemented. He also confirmed they were currently taking legal steps to recover more than R230 000 from the MPRA in lieu of legal costs, due to the NLM being taken to court by the MPRA, which the MPRA lost.

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Bertus de Bruyn

Bertus de Bruyn is based in Mbombela, Mpumalanga. De Bruyn has been employed by Caxton since 2009. After a short sabbatical of two years, De Bruyn is back at the place he called home, Caxton, at Lowveld Media. He is currently the digital content manager, but has 14 years of journalism skills, news editor, and acting editor duties behind his name.
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