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Mashudu Netsianda Senior Court Reporter
A GWAYI Conservancy safari operator who allegedly failed to prevent an illegal hunt by an American hunter at his farm, is challenging the suspension of his professional hunting licence and hunting quota in court.
Headman Sibanda allegedly facilitated the illegal hunting of a lion by American hunter Dr Jan Seski in July around Hwange National Park.
Sibanda, through his lawyers Marondedze, Mukuku and Partners, last week filed an application at the Bulawayo High Court seeking an order that sets aside an administrative decision by the Zimbabwe Parks and Wildlife Management Authority (ZimParks) to suspend his Nyala Safaris Company’s 2015 sport hunting quota and his professional hunter’s licence.
Sibanda, in his application, cited ZimParks as the sole respondent.
In his founding affidavit, the safari operator said ZimParks’ actions were in violation of section 4 of the Administrative Justice Act as he was not heard before the suspension.
“This is an application for review of an administrative decision by the respondent purporting to suspend Nyala Safaris (Pvt (Ltd)’s 2015 sport hunting quota and my professional hunter’s licence number 335 pending the outcome of the court proceedings against me at Hwange magistrate’s court,” said Sibanda.
The safari operator is being charged for failing to prevent an illegal hunt.
Nyala Safaris (Pvt (Ltd), a licensed safari tour operator under the Tourism Act, was granted a hunting permit by ZimParks in respect of Railway Farm 31, which was valid from January 1 to December 31, 2015.
“On July 2, 2015, a foreign client (Dr Jan Seski) carried out a lion hunt at Railway Farm 31 which I own in terms of an offer letter from the acquiring authority under the land reform programme. The tourist was under the supervision of a professional hunter, John Zvinashe under licence number 478 in terms of a hunting permit using a bow and arrow issued to Dr Seski by ZimParks on June 24, 2015,” said Sibanda.
The American tourist’s permit was for the hunting of a male lion in Kusile District Area 1, not at Railway Farm 31.
“The mix-up in the hunting areas notwithstanding, after the lion hunt, the requisite hunting return form TRAS2 was duly completed and submitted online to the respondent advising it of the hunt and seeking approval. The respondent was duly paid all its statutory entitlements in respect of the lion hunt and thereafter nothing happened until the much publicised lion hunt of Cecil the lion which resulted in the respondent contacting me over the July 2 lion hunt,” said Sibanda.
The safari operator said he was subsequently arrested on August 2 on charges of breaching the country’s hunting regulations for allegedly unlawfully permitting Dr Seski to hunt the lion at Railway Farm 31.
“The decision by the respondent to suspend my hunter’s licence and sport hunting quota for 2015 without complying with the audi alteram partem rule (the principle that no person should be judged without a fair hearing in which each party is given the opportunity to respond to the evidence against them) is also a violation of the Administrative Justice Act (supra). As such the decision constitutes unfair and unreasonable administrative action which adversely affects my rights, interests and legitimate expectations,” argued Sibanda.
He said there was no justification for ZimParks to suspend his company’s 2015 sport hunting quota when there is no rational connection between the quota and allegations levelled against him in the criminal proceedings at Hwange magistrate’s court.
ZimParks, working with other law enforcement agencies, has launched a crackdown to weed out any undesirable elements that breach hunting regulations.
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