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Statement regarding Shearwater elephants
Zimbabwe National Society for the Prevention of Cruelty to Animals (ZNSPCA)
April 13, 2007

The Zimbabwe National SPCA (ZNSPCA)'s lawyer, Beatrice Mtetwa, has returned to the High Court to discuss the above issue with a judge as access to the elephants continued to be denied to the ZNSPCA despite a recent Court order granting access. The ZNSPCA continues to question why access is denied. Welfare concerns grow as yet another elephant has died.

ZNSPCA Attorney Beatrice Mtetwa stated before the judge that she found the situation extremely unusual in that the ZNSPCA was being instructed to rely on veterinarians that they did not commission. Ms Mtetwa has written to the Director of Veterinary Services and to one of the veterinarians nominated by Shearwater Adventures to organise a visit to the premises where the elephants are being kept. To date, no reply has been received. Both the above veterinarians were included in the Court order at Shearwater's request.

The ZNSPCA's statutory right to inspect the elephants continues to be frustrated. The ZNSPCA believes it should not have to go to Court in the first place to have access to animals for inspection.

In November 2006, 12 juvenile elephants were captured from wild herds in the Hwange National Park to be "trained" for work with Shearwater Adventures. One elephant subsequently escaped and one died days after capture.

The Zimbabwe National SPCA (ZNSPCA) laid charges on 19 December 2006 to initiate a prosecution process against Shearwater Adventures, for cruelty to animals. The ZNSPCA has consistently been denied access to the 10 elephants that were being held in the bomas at Nakavango range in the Victoria Falls. Veterinarians from both Zimbabwe and South Africa have also been denied access to the elephants.

On the 12th January 2007, the ZNSPCA filed a complaint with Zimbabwe Republic Police in Victoria Falls, for obstruction (in terms of section 12 of the Prevention of Cruelty to Animals Act) after access to the elephants was again denied.

The ZNSPCA attempted to meet with representatives of Shearwater to discuss the way forward. The Board of the ZNSPCA attempted to engage in dialogue with Shearwater's appointed lawyer but no agreement was imminent. Shearwater Adventures threatened to bring a civil suite against ZNSPCA for malicious prosecution who claimed that its business had suffered due to ZNSPCA's actions.

Shearwater eventually agreed to meet with ZNSPCA in the presence of their lawyer on 31 January 2007. In this meeting it was agreed that both parties would release a statement to the effect that they were working together for the betterment of the elephants concerned.

Shearwater have not withdrawn their threat of malicious prosecution against ZNSPCA.

On 19 February 2007, the ZNSPCA expressed concern that access continued to be denied. After phoning Shearwater, the ZNSPCA was informed by the then Managing Director, Allen Roberts, that until press statements were approved, no access would be granted.

Mrs. Mtetwa, the lawyer acting for and on behalf of the ZNSPCA proceeded to the High Court to obtain an order for ZNSPCA to have unrestricted / unhindered access to the elephants.

On 09 March the Honourable Mr Justice Patel granted a Court order to the ZNSPCA, giving access to the elephants. Shearwater Adventures insisted that they wanted ZNSPCA personnel to be accompanied by two vets, namely Drs. Foggin and Zvishiri as well as a member of National Parks and Wildlife Management Authority on such visits. Shearwater Adventures requested that the ZNSPCA would give them 24-hours notice before a visit in order to facilitate the summoning of two veterinarians to accompany them.

The ZNSPCA gave Shearwater Adventures 2 working days notice of an intended visit/inspection on 26 March 07. Shearwater personnel insisted that it was ZNSPCA's responsibility to obtain the relevant veterinarians and because this had not been done, the ZNSPCA was denied access.

Shearwater has given access to numerous individuals and companies but still resists the ZNSPCA. In the interim, another elephant has died, leaving 9 elephants in the bomas.

Visit the ZNSPCA fact sheet

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