In the KwaZulu-Natal High
Court, Pietermaritzburg.
Republic of South Africa

Case No. 6269/11

In the matter between:

HELMUT BRUSS t/a
SHEMUNGWE GAME
CAPTURE

Applicant

and

MEC: AGRICULTURE &
ENVIRONMENTAL
AFFAIRS, KWAZULU-
NATAL

First Respondent

THE KWAZULU-NATAL
NATURE CONSERVATION
BOARD

Second Respondent

THE KWAZULU-NATAL
NATURE CONSERVATION
SERVICE

Third Respondent

THE PREMIER OF THE
PROVINCE OF KWAZULU-
NATAL

Fourth Respondent

THE MINISTER OF THE
ENVIRONMENTAL
AFFAIRS TOURISM

Fifth Respondent

INKOSI B.P. BHENGU

Sixth Respondent

MRS D.M. DOLD

Seventh Respondent

MRS B.P. MCHUNU

Eight Respondent

MS P. DLAMINI

Ninth Respondent

MS T. DLAMINI

Tenth Respondent

INKOSI M.I.TEMBE

Eleventh Respondent

MR Z.C.NGIDI

Twelfth Respondent

MR W. NEL

Thirteenth Respondent

DR THANDI MZAMA

Fourteenth Respondent

MR S.N.M. DLADLA

Fifteenth Respondent

ANY OTHER INTERESTED
PARTY

Sixteenth Respondent

RULE 16A NOTICE

TO: The Registrar of the High
Court

AND TO: Any other
interested parties.

Take notice that:

1. The Applicant herein has
brought an application
against and in respect of the
Board and the service of the
KwaZulu-Natal Nature
Conservation (known as
Ezemvelo KwaZulu-Natal
Wildlife) which raises
constitional issues.

2. The Applicant contends
that the present Board of
KwaZulu-Natal Nature
Conservation was not
appointed in compliance with
the applicable law. (The
KwaZulu-Natal Nature
Conservation Management
Act No. 9 of 1997) and that
the present Board must be
regarded in law as being
illegal and invalid. An order is
being sought in respect
thereof.

3. Consequently it is further
contended that the present
Board cannot effectively in
law function and cannot inter
alia, adopt the "Proposed
procedures, and standard
terms and conditions, for
registration, permits and
licences for zoos, game
parks, aviaries and any other
keeping in captivity of any
live mammal, game, wild
bird, protected indigenous
reptile, invertebrate or
amphibian, or for possession
of live specimens of listed
threatened or protected
species and for exhibition,
alienation (sale, exchange,
release, trade), transportation
or breeding of any such
animal possessed or held in
captivity." Which it has stated
that it intends to do soon.
Applicant seeks an interdict
which will prevent the present
Board from adopting the said
Procedures and Standard
Terms and Conditions. It is
contended that KwaZulu-
Natal Nature Conservation is
not the properly delegated
Issuing Authority in terms of
Section 42A of the National
Environmental Management
Act No. 107 of 1998, nor the
validly delegated exerciser of
the Administrator's powers
under the Natal Nature
Conservation Ordinance No.
15 of 1974.

4. Any person who has an
interest in these issues may
make enquiries at the
Registrar's office at the High
Court or from Applicant's
Attorneys at the below-
mentioned address.

5. An interested person may
obtain copies of the
application papers herein
from Applicant's Attorneys as
aforesaid and if they intend
opposing or joining the
application they must:

5.1 notify Applicant's
Attorneys within 10 days of
publication of this notice; and
5.2. file any affidavits within
15 days thereafter and;

5.3 give notice of an address
referred to in Rule 6(5)(b) at
which they will accept service
and notice of all documents
in these proceedings.

Dated at Pietermaritzburg
this 11th day of July 2011.

Venn Nemeth and Hart.
Applicant's Attorneys. 281
Pietermaritz Streeet, Pieter-
maritzburg. Ref:
D.Schaup/Kashi/12B2178/11.