Animal-rights activists are turning to the Western Cape High Court in a bid to hold authorities accountable for “negligence” and failing to find solutions to the decade-old conflict affecting baboons and residents in the Cape Peninsula.
In a joint statement last week, Jenni Trethowan founder of Baboon Matters, and activist Ryno Engelbrecht said inaction among decision makers has left communities and baboons vulnerable.
“In response to the prolonged, unresolved and rapidly escalating human-baboon conflict on the Cape Peninsula, legal action is being pursued against the authorities for their failure to implement agreed-on strategies to address the situation,” the statement read. “We have taken this step to hold the authorities accountable for their inaction and negligence.”
A Notice of Motion application was issued at the Western Cape High Court on Thursday 2 May.
In the notice seen by People’s Post, applicants in the case are listed as Ryno Engelbrecht, Baboon Matters Trust, Beauty Without Cruelty SA and Jo-Anne Bosman with respondents listed as the City of Cape Town, SANparks, Table Mountain National Park, the Western Cape Nature Conservation Board, South African Navy and the Minister of Environmental Affairs.
Said Trethowan: “We are seeking a court order to instruct the authorities to uphold their responsibilities and take immediate action to address the escalating conflict on the Cape Peninsula through the essential implementation of solutions that they, themselves, have identified, researched and reported on for the past 23 years”.
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She claimed that the lack of co-operation and ongoing disagreements among relevant authorities regarding their roles, responsibilities, mandates and application of budgets has resulted in failure to discharge their statutory obligations. There is general agreement baboons should thrive in natural habitats rather than human-occupied areas and proposed mitigation measures, including reducing attractants, enforcing bylaws, deploying trained rangers and implementing strategically placed baboon-proof ectric fencing.
“All of this has been researched and agreed on for more than 23 years, and has only been partially implemented, if at all.”
Baboon-proof
In the notice, applicants are seeking baboon-proof fences, appropriate baboon-proof bins, traffic calming measures and insulation of electric power lines at no cost to residents as well as the continuation of the Urban Baboon Programme.
The listed and affected areas include, Simon’s Town, Welcome Glen, Da Gama Park, Seaforth, Kommetjie, Scarborough, Ocean View, Misty Cliffs, Tokai, Zwaanswyk, Constantia and Cape Point.
According to Trethowan, the failure by authorities to act has resulted in the mistreatment, criminalisation, harm and death of baboons while residents face damage to property.
“The breaking point was the decision to terminate the Urban Baboon Programme,” she said.
READ: Urgent intervention sought to ‘void’ draft Baboon Management Plan
“The ranger project was initiated in 2001 and has been a tendered service contracted by the City of Cape since 2009, where the service provider has to keep baboons outside the urban edge within baboon ranges.”
However, in a joint agreement authorities decided to end the programme at the end of the year on 31 December. “This extremely ill-considered and irresponsible decision underscores the urgent need for intervention and legal action,” says Trethowan, “which is being taken by the applicants to hold the authorities accountable.
“Without a viable alternative solution in place there will be an escalation of conflict within communities facing an untenable situation, and the consequence of unmanaged baboons in urban areas will lead to a sharp increase in injured baboons and an even higher death rate within this closed population, which is already showing signs of decline.”
Questioned on whether authorities “intentionally failed” to address baboon management, Trethowan and Engelbrecht responded that many people seemed to think so.
“Many people seem to think that the failure is intentional, however it is our belief that underlying problem is that the authorities have not been able to reach agreement on not only their roles and mandates but more importantly is the allocation of budget.”
Rise in conflict
They added if authorities did not address issues there would be a rise in conflict.
“If the solutions are not implemented we can expect the conflict situation to continue with an even higher death rate of the baboons and increasing damage to property and frustration from residents.”
Meanwhile, the Cape Peninsula Baboon Management Joint Task Team comprising SANParks, Cape Nature and the City of Cape Town, said they will respond via the courts.
