Image supplied
It can reach speeds of up to 70km per hour, and just a few centimetres of its skin has a reserve price of more than R350 000 at auction. However, there is a lack of specific legislation regulating the welfare of the precious South African ostrich and other commercially farmed animals.
A recent study by LLM Graduate of Environmental Law Celine Doak critically analyses commercial ostrich farming in South Africa.
Doak focuses on legislation that concerns animal welfare and well-being and how this could have a holistic effect on commercially farmed ostriches, other animals, humans, and the environment.
Animal well-being has been defined in the National Environmental Management Laws Amendment Act (NEMLAA) however, this aspect has yet to be adequately incorporated and enforced.
Like many commercially farmed animals, ostriches remain at the mercy of poorly implemented laws and a lack of explicit binding legislation for animal welfare in commercial farming.
The free-market approach is one of the main reasons for the lack of research, and soft laws currently regulate the commercial ostrich industry.
This is why Doak’s work laid out the need for legal reforms: “My research advocates for animals to be legally recognised for their intrinsic value on an individual level, and not merely protected for human use and exploitation.”
South African legislators have been urged to protect commercially farmed animals by ensuring a comprehensive Animal Welfare Bill is in place.
This research highlights the lack of welfare and the issues that ostriches experience, as shown by the practical example of the PETA investigations against Hermes and Prada. Currently on auction is a small Hermès 2007 limited edition orange bag, which has been listed for between 12,000 to 18,000 Euros.
“In the conclusion of my work, I recommend the development of national legislation with legally binding standards to ensure the recognition of animal sentience and intrinsic value and to enforce welfare standards for all animals in the commercial farming industry,” said Doak.
She identified high-stress levels, poor adaptation to farming environments, and high disease prevalence as significant welfare challenges in commercial ostrich farming.
“Gaps in legislation, the free-market approach, government incentives and purposes not aligning at the detriment of animals and the environment are all areas of possible future research and government action,” she said.
What inspired the research?
Celine Doak has always had a deep love for animals and has been actively involved in environmental advocacy. “When it came to choosing a research topic for my LLM dissertation, I was keen to explore the intersection of animal welfare and the legalities that surround them. My journey began with an investigation into the use of wild animals in performances, focusing on the legal protections and care standards afforded to performing animals,” said Doak.
This exploration ignited her interest in the broader issue of commercial farming of wild animals, particularly prevalent in South Africa. The ostrich industry stood out as a compelling practical example.
South Africa has the largest commercial ostrich industry yet it is deregulated, prompting Doak to delve deeper into understanding its legal implications and the welfare challenges faced by these animals.
Celine obtained her LLM Cum Laude from the Global Environmental Law Centre (GELC), Faculty of Law. She was supervised by Prof Angela van der Berg - Director of the GELC, and Attorney Amy Wilson - Adjunct Senior Lecturer at the GELC.
It can reach speeds of up to 70km per hour, and just a few centimetres of its skin has a reserve price of more than R350 000 at auction. However, there is a lack of specific legislation regulating the welfare of the precious South African ostrich and other commercially farmed animals.
A recent study by LLM Graduate of Environmental Law Celine Doak critically analyses commercial ostrich farming in South Africa.
Doak focuses on legislation that concerns animal welfare and well-being and how this could have a holistic effect on commercially farmed ostriches, other animals, humans, and the environment.
Animal well-being has been defined in the National Environmental Management Laws Amendment Act (NEMLAA) however, this aspect has yet to be adequately incorporated and enforced.
Like many commercially farmed animals, ostriches remain at the mercy of poorly implemented laws and a lack of explicit binding legislation for animal welfare in commercial farming.
The free-market approach is one of the main reasons for the lack of research, and soft laws currently regulate the commercial ostrich industry.
This is why Doak’s work laid out the need for legal reforms: “My research advocates for animals to be legally recognised for their intrinsic value on an individual level, and not merely protected for human use and exploitation.”
South African legislators have been urged to protect commercially farmed animals by ensuring a comprehensive Animal Welfare Bill is in place.
This research highlights the lack of welfare and the issues that ostriches experience, as shown by the practical example of the PETA investigations against Hermes and Prada. Currently on auction is a small Hermès 2007 limited edition orange bag, which has been listed for between 12,000 to 18,000 Euros.
“In the conclusion of my work, I recommend the development of national legislation with legally binding standards to ensure the recognition of animal sentience and intrinsic value and to enforce welfare standards for all animals in the commercial farming industry,” said Doak.
She identified high-stress levels, poor adaptation to farming environments, and high disease prevalence as significant welfare challenges in commercial ostrich farming.
“Gaps in legislation, the free-market approach, government incentives and purposes not aligning at the detriment of animals and the environment are all areas of possible future research and government action,” she said.
What inspired the research?
Celine Doak has always had a deep love for animals and has been actively involved in environmental advocacy. “When it came to choosing a research topic for my LLM dissertation, I was keen to explore the intersection of animal welfare and the legalities that surround them. My journey began with an investigation into the use of wild animals in performances, focusing on the legal protections and care standards afforded to performing animals,” said Doak.
This exploration ignited her interest in the broader issue of commercial farming of wild animals, particularly prevalent in South Africa. The ostrich industry stood out as a compelling practical example.
South Africa has the largest commercial ostrich industry yet it is deregulated, prompting Doak to delve deeper into understanding its legal implications and the welfare challenges faced by these animals.
Celine obtained her LLM Cum Laude from the Global Environmental Law Centre (GELC), Faculty of Law. She was supervised by Prof Angela van der Berg - Director of the GELC, and Attorney Amy Wilson - Adjunct Senior Lecturer at the GELC.
