/ 9 September 2008

A right royal battle

The Kalahari Raptor Centre has featured regularly in the media because of its spirited two-year legal battle to save the lives of the three caracals. In the process, the centre not only saved the caracals but challenged outdated conservation laws that make it compulsory for farmers to kill certain small predators.

Two of the caracals were finally released on January 1 2002 into a 6 000ha sanctuary of Kalahari duneveld not very far from the farm on which they were captured. News from the sanctuary indicates that they are thriving on their freedom.

The third caracal was named Tripod because one of her front legs had to be amputated as a result of an injury. She could not be released back into the wild and will live out the rest of her life in the care of the Kalahari Raptor Centre (KRC).

The price of freedom for the caracals has been high in some respects: the KRC spent more than R100 000 in legal and other expenses fighting to save the animals from being shot, or placed in a zoo by provincial nature conservation officials. Beverley Pervan and Chris Mercer, owners of the KRC, have been in and out of court over allegations of defamation; they were prosecuted for keeping the animals without permits; they charged provincial officials with illegal confiscation of the animals; got a High Court judgment to secure their return; and fought off threats of closure of the KRC.

“However, as Nietsche points out, whatever does not kill us only makes us stronger, and there have been a number of positive results for South African conservation from the caracal saga,” say Mercer and Pervan. “Many members of the animal welfare community lent us their support and have become our friends. We were forced to qualify ourselves in the law relating to wildlife.

“Legal knowledge gained by us has been circulated to the rehabilitation centres in South Africa to better enable them to fight for their own rights to care for animals. The glaring defects in provincial nature conservation have been brought to the notice of the public as never before.”

But the provincial ordinance that defines caracals as “vermin” and makes their eradication compulsory is still being applied. The KRC is still fighting to get this ordinance declared unconstitutional and invalid.

The couple had more success in getting Cape foxes protected. After the KRC launched a High Court case and the Public Protector intervened, provincial officials in July 2002 de-proclaimed open hunting of these little animals that were wrongly blamed and exterminated for being stock killers. As a result, Cape foxes now enjoy “protected” status.

Situated on a 600ha private game reserve in the Northern Cape, the KRC was established by Pervan and Mercer to care for injured and orphaned birds of prey, predators and small mammals.

Now in their 50s, the couple retired from business in order to devote the rest of our lives to preserving wilderness and caring for wildlife. Mercer is a retired Zimbabwean advocate, with many years’ practical experience in the UK, Botswana and Zimbabwe – hence his knowledge of the law.

In July 1998 they sold their farm in North West and made their way to Namibia. There they lived in an old farmhouse and started helping out at Harnas Lion Farm, a rehabilitation centre that was to become the subject of a book they wrote, called For The Love of Wildlife.

When the Namibian government denied their application for residence permits, they set off to look for a home where they could establish a wildlife sanctuary. Recalls Pervan: “At the crossroads in Gobabis, Chris asked, ‘Where do we go now?’ The decision was made by flipping a coin. “Chris won the toss and so we headed towards South Africa through the Kalahari, our first stop being Kuruman — A week later we were the proud owners of a picturesque stretch of the Kalahari.”

When the local veterinarian closed his practice to move to England, he had about 30 birds of prey that he passed on to Mercer and Pervan. This was how, in May 1999, they came to be in charge of the Kalahari Raptor Rehabilitation Centre.

Because of injuries, most of the birds of prey will never be released. They are cared for at the centre and visitors (by appointment only) are allowed to see them, in the hope that they will better understand the problems that birds of prey encounter in the wild.

Mercer and Pervan have built an education centre and all the surrounding schools in the districts bring the children every year to see and to learn why wildlife is on the decline.

“We believe rehabilitation goes hand in hand with education,” says Pervan. “We have to change the minds of children if we are to change the cruelty and disregard for the feelings and well-being of wildlife. We would like to see the children grow up with a kinder and gentler attitude towards birds of prey and wildlife in general.”

Another KRC goal is to increase the amount of land available for the benefit of wildlife. “Although we rehabilitate orphaned and injured wildlife, and care for those who can never be released back into the wild, this by itself is not enough. Loss of habitat is the major cause of wildlife woes,” explains Pervan.

Meanwhile, the KRC continues to be inundated with a stream of unwanted “pets” and orphans. Most are cared for briefly and then released into suitable habitat. The list includes a black-footed cat called Button, Prickles the porcupine, various meerkats, a couple of springbucks, bat-eared foxes and a variety of birds.

Pervan says though she and Mercer have always run the KRC on a self-funding basis, as demands on the sanctuary increase a time will come when they need sponsorship. “We have therefore decided to donate our land and facilities to a new section 21 (non-profit) close corporation, The Kalahari Raptor and Predator Sanctuary cc. This will ensure that the sanctuary will endure for the benefit of wildlife after our deaths.

“For reasons connected with the bigoted nature of the apartheid regime, the concept of sanctuaries for the welfare of animals has never been accepted. We continue with our legal efforts to force intransigent officials to recognise the need for sanctuaries.

“There is no doubt that we will succeed, since the new democratic laws are on our side and we anticipate establishing in due course a national association of wildlife sanctuaries. This will be affiliated to the two well-known American sanctuary associations.”