Constitutional Court Upholds Animal Well-Being in South Africa

Cape Town, 09 October 2026 - FOUR PAWS welcomes the Constitutional Court's judgement to dismiss the South African Hunters and Game Conservation Association’s application to have the animal well-being provisions in the National Environmental Management Biodiversity Act (NEMBA) declared unconstitutional and invalid. 

This outcome highlights the significance of advancing animal well-being within South Africa's biodiversity legislative framework and reflects years of extensive public participation, stakeholder engagement and scientific input that have shaped the inclusion of animal well-being provisions in NEMBA and related regulations.

Animal well-being and its definition are grounded in science, established international practice and existing legal principles. Importantly, this judgment reinforces what science has long demonstrated: wild animals are sentient beings capable of experiencing physical, physiological and mental states that influence their quality of life. Recognising animal well-being in biodiversity legislation acknowledges how animals experience their lives, matters, and should be considered in wildlife management and decision making.  

This judgement allows South Africa to continue moving forward in strengthening accountability for the treatment of wild animals and ensuring that animal welfare and well-being remain integral considerations in biodiversity governance.

Now authorities have no choice but to entrench animal well-being through other policies, legislation, permitting processes, oversight and enforcement measures to support better wildlife management outcomes.  This includes promulgating outstanding measures such as the revised Threatened or Protected Species (TOPS) Regulations and advancing other initiatives aimed at giving practical effect to animal well-being provisions approved by Parliament.

This judgement provides a strong foundation for collaboration between government, experts and animal welfare organisations to ensure that animal well-being is not merely a policy principle, but a practical reality in conservation and wildlife governance.  FOUR PAWS stands ready to assist the Government in this process.

For more information, please visit our website at www.four-paws.org.za