29/05/2026
CONSTITUTIONAL COURT HEARS LANDMARK CASE ON WILDLIFE WELL-BEING
Stepping into South Africa’s apex court is always a profoundly moving experience. Built on the historic site of the Old Fort Prison Complex in Braamfontein, the Constitutional Court stands as a symbol of South Africa’s transition from oppression to constitutional democracy. It is a space shaped by some of the country’s most influential jurists, from Arthur Chaskalson and Pius Langa to Dikgang Moseneke and Edwin Cameron, whose jurisprudence has fundamentally transformed the understanding of dignity, equality, justice, and constitutional accountability in South Africa.
On 26 May 2026, the Constitutional Court heard what may become one of the most consequential environmental and ethical matters in modern South African jurisprudence. At the centre of the dispute lies a deceptively simple issue - the inclusion of the concept of “well-being” within the National Environmental Management: Biodiversity Act (NEMBA). Yet beneath that single word lies a far deeper constitutional question: whether South Africa’s biodiversity governance framework will continue evolving in line with constitutional jurisprudence recognising that animals, including wild animals, are sentient beings with intrinsic value whose well-being matters.
The matter before the Court - South African Hunters and Game Conservation Association v Speaker of the National Assembly and Others (CCT 270/24) - concerns an attempt by hunting industry interests to strike down the “well-being” provisions incorporated into NEMBA.
The South African Hunters and Game Conservation Association (SAHGCA) argued that Parliament failed to facilitate meaningful public participation before incorporating wildlife “well-being” provisions into the legislation. According to SAHGCA, the final wording of the definition changed after the public participation process and therefore violated sections 59(1)(a) and 72(1)(a) of the Constitution, which require Parliament to facilitate public involvement in legislative processes.
SAHGCA contends that the definition of well-being was changed after the public participation process and that this amounts to a failure to comply with the constitutional obligation to facilitate public involvement in legislative processes. It further argues that because the impugned provisions rely on the definition of well-being, the alleged defect invalidates the broader legislative amendments.
The EMS Foundation intervened in the proceedings as the fifteenth respondent, represented by Advocate Ian Learmonth and environmental law firm Cullinan and Associates, opposing the challenge and defending the inclusion of wildlife well-being within South African environmental law.
The EMS Foundation argued that the changes made during the legislative process were not materially different from the concepts already subjected to years of public consultation and therefore did not invalidate Parliament’s public participation obligations. The Foundation further argued that the application was not brought timeously and that striking down the well-being provisions would be entirely inconsistent with current constitutional jurisprudence regarding the protection of animals.
The EMS Foundation’s view is that it would be entirely inconsistent with existing constitutional jurisprudence and current policy relating to wild animals if the immediate striking out of the well-being provisions is granted, leaving South Africa’s framework biodiversity legislation devoid of any meaningful provision recognising the well-being of non-human animals.
The hearing was marked by sustained and probing engagement from the Constitutional Court bench. Throughout proceedings, the Judges repeatedly interrogated the central issue of materiality: whether the amendments complained of by SAHGCA were truly so significant that they invalidated Parliament’s public participation process and rendered the legislation unconstitutional.
READ our full statement:
https://emsfoundation.org.za/constitutional-court-hears-landmark-case-on-wildlife-well-being/
©️EMS Foundation 2026
