Deneys has obtained significant interim interdictory relief on behalf of its client, the EMS Foundation NPO, in the matter of EMS Foundation NPO v The Western Cape Nature Conservation Board (CapeNature) and Others (Case No. 2026-146655), heard on the urgent roll before the Western Cape High Court on 27 July 2026.
The application was brought on an urgent basis (Part A) pending a substantive review (Part B) of the Overstrand Local Municipality’s Strategic Baboon Management Plan and the underlying CapeNature permits. The Municipality had sought to extend its Strategic Baboon Management Plan to Betty’s Bay, permitting the use of paintball markers, pepper balls and pepper spray, bear bangers, strobe lights, water cannons, artificial light, drones, and night operations. The peaceful community-supported approach previously in place had proved effective.
Terms of the Consent Order
- The status quo in respect of active management of the Betty’s Bay troop is maintained pending finalisation of the Municipality’s review of its management plan, including the continued use of gel blasters.
- The Municipality undertook not to deploy the restricted methods (paintball markers, pepper balls and pepper spray, bear bangers, strobe lights, water cannons, artificial light, drones, or night operations) in Betty’s Bay under the two identified CapeNature permits or any successive permit.
- An emergency carve-out preserves the Municipality’s ability to use restricted tools where reasonably necessary to avert an imminent or actual threat of harm to persons, property, pets, or baboons.
- Substantive relief (Part B) and procedural steps are postponed pending the Municipality’s review and publication of its amended management plan.
Notably, neither CapeNature, the permitting authority, nor the NSPCA opposed the relief sought. Each delivered a Notice to Abide.
Significance
This is the first order of its kind securing meaningful interim protection in respect of baboon management methods in the Western Cape. The matter was contested on urgency, and the Municipality sought to have the application struck from the roll. The court indicated its inclination to maintain the status quo pending the Municipality’s own conceded review of its policy, and an order with real practical effect was achieved.
The order carries significance beyond Betty’s Bay. It affirms that delegated environmental decision-making remains subject to scrutiny, and that a bona fide public interest litigant has standing to hold that decision-making to account. For communities living alongside wildlife across the Western Cape, and for the exercise of municipal environmental power more broadly, the principle matters.
The EMS Foundation had engaged constructively with both CapeNature and the Municipality since December 2022, including delivering a formal letter of demand in June 2026, before approaching the court as a last resort. The Foundation is a bona fide public-interest litigant with established standing under section 38 of the Constitution read with section 32 of the National Environmental Management Act 107 of 1998.
Deneys Team
The matter was led by Nicola Irving, instructing attorney at Deneys. Counsel for the applicant were Adv Samantha Martin and Adv Lwanga Matiso.
Media Enquiries
Cherisse Rao
Chief Marketing Officer, Deneys c/o Elizabeth Ferreira
liz.ferreira@narrateglobal.com
Practitioner Contact
Nicola Irving
Deneys
nicola.irving@deneys.co.za
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