SA Predator Breeders Association and Others v Minister of Environmental Affairs and Tourism

The appellants, representing captive predator breeders and hunters, challenged the validity of certain regulations made under s 97 of the National Environmental Management: Biodiversity Act 10 of 2004. The regulations prohibited the hunting of captive-bred lions (‘put and take’ animals) unless they had been rehabilitated in an extensive wildlife system and had fended for themselves for at least 24 months. The appellants argued that the Minister acted irrationally in imposing and conditionally uplifting the prohibition, particularly the 24‑month requirement, and that proper consultation and rational justification were lacking. The Free State High Court dismissed the challenge, and the appellants appealed to the Supreme Court of Appeal.

The appeal succeeded in part. The order of the High Court was set aside and replaced with a declaration that including lions as ‘listed large predators’ would render regulation 24(2) invalid insofar as it applied to captive‑bred (‘put and take’) lions. Other relief relating to the definition of ‘put and take animal’ and regulations 60 and 71 was refused. The Minister was ordered to pay costs, including the costs of two counsel.

The case is a leading South African authority on the rationality requirement in administrative and regulatory action, particularly in environmental governance. It affirms that even policy‑laden environmental decisions must be supported by a rational connection to statutory purposes and available evidence, and that arbitrary time‑based restrictions without scientific or factual justification are unlawful.