Suit to Free 3 'Depressed' South African Zoo Elephants Sparks Debate Over Animal Rights

On its face, a South African court case involving three elephants seems simple enough. The plaintiffs argue that the elephants are depressed by life in a zoo. And they argue the animals should be moved to a wide open sanctuary.  

But the case that was heard last week raises larger questions. It asks the court to weigh whether animals have rights that go beyond humane treatment. Elephants are complex creatures. They grieve, comfort others who mourn, display joy and jealousy, and hold grudges. Under current South African law animals are treated as property. They do not have inherent rights. The same is true in most countries.   

The Johannesburg Zoo owns the elephants. The plaintiffs do not accuse the zoo of abuse. But they argue that holding them captive causes them severe distress. A ruling in their favor could change animal law in South Africa, legal experts say.   

“They are sad, depressed, and frustrated,” David Bilchitz told The Associated Press. “They are listless and stand around.” They show signs of distress, such as rocking back and forth, he said. Bilchitz is with Animal Law Reform South Africa. They are one of the plaintiffs. 

They argue the zoo cannot provide for the needs of these animals. And they claim that goes against a section of the South African constitution. That section ensures everyone has "the right to an environment that is not harmful to their health or well-being." The suit does not equate the rights of animals with those of humans, as some believe. But it does insist that ensuring the well-being of animals beyond basic conservation is a key to preserving the environment. 

The case is being closely watched for how it could change animal welfare rights.  

Reflect: How do you think people should decide what responsibilities they have toward protecting animals and other living things?

Gif of African elephant from Giphy courtesy of @bbcAmerica.