Well-known elephant remains on farm near Malalane despite court interdict
Despite a court interdict to remove Tswale the rescue elephant from the Lowhills Farm in the Onderberg area in Mpumalanga, the tenants refuse to do so.
Tswale, a rescue elephant that has been living on the Lowhills Farm in the Onderberg area near Malalane in Mpumalanga, is still on the premises despite a court interdict ordering his removal from the property.
Lowvelder recently reported that the owners of Lowhills farm, Shofeeds (Pty) Ltd in Parys, Free State, approached the high court for an urgent interdict to have the animal removed from the farm.
Tswale had been used for human interaction for about two years.
Shofeeds applied for an urgent interdict against Johan Moller, Sonell Joubert, and Conference and Management Solutions CC, who all operate from the farm.
In Shofeeds’ submission to the court, they requested that the animal and his handler, Amos Jivendava, must leave the farm and that no interaction between members of the public and the elephant be allowed.
They argued that there is the possibility of civil or even criminal liability by the owner of the farm should someone visiting or interacting with Tswale get hurt or even be killed.
The interdict was granted and served on the respondents shortly after the court case.
Stefan Scheepers, the lawyer of the applicants, said on Tuesday that the seven-day period for the respondents to act on the interdict expired on June 13.
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“As of Tuesday, our information is that they did not adhere to the interdict. The elephant is still on the farm.”
He said his clients are currently investigating further legal steps against the respondents.
Neither Moller nor Joubert responded to numerous requests for comment on why they are ignoring the interdict.
Lowvelder previously reported that controversy erupted earlier this year when Joubert made headlines for raising money toward the rehabilitation and safety programme of Tswale.
Two entities, the Elizabeth Margaret Steyn (EMS) Foundation and the Mpumalanga Tourism and Parks Authority (MTPA), found themselves embroiled in a heated dispute with Joubert.
The crux of the matter revolved around Joubert’s purported illegal possession of the elephant due to permit discrepancies.
The EMS Foundation, a South African social justice NGO, expressed concern for Tswale’s safety. The foundation said a previous Lowvelder article, which mentioned human interactions with the elephant, raised alarm bells for them.
Joubert had ambitious plans: a gruelling 100km mountain terrain race at Kingdom Trails, KwaMhlanga, on February 24. Her goal was to raise funds for Tswale’s rehabilitation and safety programme. She completed the 100km that Saturday.
Tswale, known for his friendly interactions with humans at the Lowhills Farm, faced adversity when it lost its favourite dam during floods in Nkomazi last year.
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