Roode allegedly contravened these acts when she moved four male cheetahs named Walter, Magnus, Tobie and Wim on April 4 2020 without written permission.
Limpopo National Prosecuting Authority’s spokesperson, Mashudu Malabi-Dzhangi, said Roode allegedly unlawfully ordered that four cheetahs from HESC be released and moved to a neighbouring farm without obtaining the necessary permit to move the protected animals.
“She carried out a restricted activity involving a specimen of a listed, threatened or protected species without a permit,” she said.
It is alleged that she failed to comply with control measures and did not obtain permits to move the animals from a state veterinarian.
HESC has been breeding cheetahs since 1990 and focuses on the conservation of rare, vulnerable and endangered animal species.
Cheetah conservation is one of their core disciplines.
On Friday both the state and the defendant presented their arguments, Roode through her lawyer denied that she acted unlawfully and maintains that she acted in an act of necessity.
She said HESC depends on tourism and when that came to a standstill in March 2020 due to Covid-19 they could not afford to feed all the animals.
She also argued that she did not have sufficient time to apply for the permits and said when cheetahs are not properly fed they die.
The state argued that Roode had the required intent to commit the crimes stipulated.
They read out testimony by Lyle Robert Wiggins who is an environmental officer for the Limpopo Economic Development, Environment and Tourism, within the Klaserie district in Mopani.
HESC falls under his area of jurisdiction.
Wiggins testified that the manager of HESC phoned him on Friday, April 3 2020 to enquire about euthanasia permits.
The testimony further read that Wiggins sent all the information through to HESC and on that same evening, Lente called Wiggins and made an enquiry about the permits needed to release four cheetahs onto Kapama.
According to the testimony, Wiggins explained at length the procedure and requirements for the permit application.
He testified that there must be a written application to the department for the release of cheetah from captivity.
“HESC has a permit for the breeding and exhibition for the centre but this permit explicitly excludes release of these animals into the wild.
Wiggins stated, and it is not in dispute that there was no permit issued nor applied for.
The release of the four cheetahs was in contravention of the National Environmental Management Biodiversity Act, as restricted activities were performed without the required permit,” read the testimony.
Also read; HOEDSPRUIT: HESC releases cheetah into nature reserve
They also read out testimony by Dr Christiaan Frederick Steinmann, a qualified veterinarian, appointed as the Maruleng state veterinarian in Hoedspruit.
Steinmann testified that HESC was under quarantine because tuberculosis was diagnosed on the property.
“The quarantine notice meant that no animal may be allowed to move from or onto the property without prior consultation and a permit from the local state veterinarian.
Once the animals have tested negative as required by policy, a recommendation needs to be submitted to the provincial director and the national director, who then make a decision to lift the quarantine.”
Also read: HOEDSPRUIT: A royal visitor to HESC
Steinmann testified that indeed he has made the recommendation to lift the quarantine but that the process was not yet finalised and thus the quarantine was still in place and enforceable.
“The release of the four cheetahs by the accused thus also disregarded the quarantine notice effected under the Animal Diseases Act 35 of 1984 as she failed to comply with control measures,” read the testimony.
The state further argues that it is highly concerning that a facility that has been operating for as long and extensively as HESC, can have such dire need within such a short space of time.
They said the concern arises for the sustainability of the centre taking into consideration that they are still breeding more cheetahs.
According to the evidence before the court, 110 cheetahs were kept at the facility on the day of the offence.
The matter was postponed to October 7 for judgement.
