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Boswell v Member of the Executive Council for the Department of Economic Development, Tourism and Environmental Affairs (KwaZulu-Natal) and others

25 May 2017

High Court of the Republic of South Africa, Gauteng Division, Pretoria 

Case No. 3792/16P

Date: 25 May 2017

Judge: Pillay J

In this matter, Mr Boswell’s application for a permit in terms of the National Environmental Management: Biodiversity Act, 2004 to export three captive elephants to an undisclosed facility in Dubai was refused by Ezemvelo KZN Wildlife and the MEC for the Department of Economic Development, Tourism and Environmental Affairs (KwaZulu-Natal) on the basis that such an export is prohibited by the National Norms and Standards on Management of Elephants in South Africa (Norms ad Standards). Mr Boswell took the refusal on review and challenged the legality of the Norms and Standards. Both of Mr Boswell’s challenges failed.

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