Johannesburg Zoo’s three elephants have become the centre of a landmark constitutional court battle that could redefine how South Africa approaches the captivity of wild animals.

Animal welfare organisations, environmental lawyers and Khoi leaders are fighting for the release of Lammie, Mopane and Ramadiba, arguing that the elephants’ continued confinement is unlawful and infringes on their constitutional rights and well-being.

Animal Law Reform South Africa NPC, the EMS Foundation and Chief Steven Fritz, senior chief of the South Peninsula Khoi Council, brought the case, heard in the Pretoria High Court between May 19 and 21.

Read more: Adopt a dog at Woodrock

The environmental and green law firm, Cullinan & Associates, represents the applicants. The application seeks an order declaring the elephants’ continued captivity unlawful and unconstitutional.

It also asks the court to set aside decisions that allowed the elephants to remain at the Johannesburg Zoo and direct authorities to facilitate their transfer to an appropriate rewilding facility.

According to the applicants, elephants  are highly intelligent and socially complex animals whose physical and psychological needs cannot be fully met in captivity.

Sarah Kvalsvig, specialist environmental attorney at Cullinan & Associates, said South African law already recognises that the well-being of elephants must be considered when decisions are made about captivity.

Read more: Johannesburg Zoo unites the public to Reverse the Red

“In other countries in the world, courts have recognised that elephants have the right to live freely and express their natural behaviours in the ecosystems of which they are part,” she said.

The case raises significant constitutional questions surrounding Section 24 environmental rights and whether the State has a legal obligation to protect the welfare of captive elephants.

It also addresses the cultural and heritage rights of Khoi communities, including spiritual beliefs rooted in the relationship between humans, animals and nature.

Expert testimony presented to the court reportedly argued that the elephants are living under conditions harmful to their well-being and causing ongoing distress.

Also read: Families camp out at Joburg Zoo in celebration of Earth hour

However, the Johannesburg City Parks and Zoo has defended the care provided to the elephants. JPCZ spokesperson Jenny Moodley said the matter was currently before the courts, and the zoo had intentionally limited public comment out of respect for the legal process.

Moodley confirmed that the elephantsrecently underwent comprehensive medical assessments by veterinarians from the Onderstepoort Veterinary Academic Hospital and all received a clean bill of health.

According to the latest update shared on May 21 on the EMS Foundation’s Facebook page, judgment has been reserved.

Follow us on our Whatsapp channel, Facebook, X, Instagram and TikTok for the latest updates and inspiration!