By Blessing V. Bonga
THE mere mention of the subject, Animal Law is unlikely to trigger interest in most people, particularly in a Zimbabwean context, yet ironically, it is a subject that is quite significant within the First world and worth discussing. University of Leicester Law Lecturer, Dr Joe Wills notes that interest in animal law is at an all-time high, while in the USA and Canada particularly, the study of animal law has bourgeoned over recent years as witnessed by close to 200 law schools offering courses/classes in the subject. Lewis and Clark Law School in particular, offers a number of highly reputable programmes. These include, the first ever advanced legal degree in animal law in the US (LLM), the Master of studies in animal law (MSL) which targets non-lawyers as well as the world’s first doctoral programme in animal law (SJD).
Likewise, the past two decades or so, have seen quite a number of specialist legal practices devoted to animal law being founded. These include the Nonhuman Rights Project (NhRP) in the United States, Animal Justice in Canada, Voiceless in Australia, Tier Im Recht in Switzerland, and Advocates for Animals in the United Kingdom, to mention only a few. Therefore, there cannot be any better opportune time for the developing world, Zimbabwe included, to start taking seriously the issue of animal welfare, thereby demystifying certain perceptions that may be in existence that view animal law as a western phenomenon that has no place in our own African societies.
Development Agenda managing editor, Blessing V. Bonga (BVB) caught up with Zimbabwe-based Animal lawyer, Nancy Makuvise (NM) who took time to tell us about herself, what motivated her to delve into animal law as well as what the subject entails focusing on Zimbabwe.
BVB: May you briefly tell us about yourself from an academic and professional perspective.
NM: So academically, I hold an LLB degree and a Master’s in Animal Law from Lewis and Clark Law School, USA, and currently working on my PhD proposal. Professionally, I am working as a Law Lecturer and Researcher at Great Zimbabwe University, while I am also doing consultancy work on wildlife conservation and animal welfare on the side. I have also worked in the National Prosecuting Authority (NPA) as a Prosecutor and as a Senior Legal Counsel for a local NGO.
BVB: What inspired you to venture into the unfamiliar territory of Animal Law?
NM: While I was working as a Prosecutor, I encountered many cases of poaching of wild animals. I then got a chance to attend a workshop on animal law at some point, and it was then, that I got to learn about animal law. I had always had a thing about helping the underdog, the less privileged, the ones without a voice, especially women, children, and the disabled, and here I was being presented with an opportunity to do the same for a specie that had never been considered before. That is what sold me and inspired me to venture into this field, to help animals, a specie otherwise deemed not as important.
BVB: What does animal law entail and how is it well understood in a Zimbabwean context?
NM: Animal Law is a combination of statutory and case law that relates to or has impact on non-human animals. Simply put, animal law is law that governs how animals are treated and protected by the law. It is a developing field of law that deals with the legal status and rights of animals and also how they should be treated ethically. In Zimbabwe, animal law is relatively new and still developing. Yes, we have laws that relate to animal welfare like the Animal Health Act, Prevention of Cruelty to Animals Act and the Parks and Wildlife Act, but these laws are not always enforced or implemented. Animal law goes deeper than just having laws. It also focuses on having humans accept that animals are sentient beings, meaning they are capable of feeling pain just like we do and that animals have value just by being animals and not because of the benefits we get from them.
BVB: Why is it important to have laws that protect animal rights and welfare in general in any given country?
NM: It is important to have such laws for several reasons. As I mentioned earlier, animals are sentient beings, meaning they are capable of experiencing pain and suffering, joy, and happiness just like we do. We therefore must take that into account in our daily interactions with them, we must have laws in place to protect these animals from abuse and neglect. Mahatma Gandhi said, “The greatness of a nation and its moral greatness can be judged by the way its animals are treated.”
How we treat animals, therefore, ultimately has an impact on our health and our environment. When it comes to environmental protection, we need to consider that each animal was created for a specific purpose and plays a critical role in balancing the delicate ecosystem. By protecting these animals, we are also protecting our environment. As for our health, protecting animals and advocating for proper animal welfare results in reducing the spread of diseases from animals to humans. Diseases like rabies are transmitted through contact with animals but if we have laws that insist on mandatory vaccination of dogs and if they are strictly enforced then we can mitigate that risk.
BVB: Are there any particular animals that are covered when it comes to animal law(s) or rather are there umbrella laws for specific animal species?
NM: Animal law generally covers a wide variety of species, whether domestic or wild animals. For instance, the Prevention of Cruelty to Animals Act applies to all animals that are kept by humans including pets also known as companion animals, farm animals and working animals. It covers issues like the humane treatment of animals, veterinary care, transportation, and slaughter of animals. We also have the Parks and Wildlife Act which applies specifically to wild animals and covers issues like poaching, habitat destruction and the illegal trade in wildlife products.
BVB: Thank you so much Nancy for taking time to shed light to us regarding the issue of Animal Law.
NM: It has been a pleasure Blessing and thank you too for the opportunity.
