The South African Human Rights Commission (SAHRC) has dismissed a complaint lodged by McClaren Circus over animal rights protests at its national roadshows, rejecting the circus’s attempt to have the demonstrations declared a violation of its constitutional rights.
The circus approached the commission in February after protests at its shows that had been taking place since April last year. Activists have argued that the performances subject animals to unnatural and stressful conditions.
Animal rights group Ban Animal Trading (BAT) had planned a national protest campaign against the circus, saying its use of wild and domestic animals — including lions and tigers — amounts to animal cruelty.
In a ruling concluded on February 28, the commission found that the protests were conducted within the confines of the law and are constitutionally protected.
The circus had argued that the demonstrations posed a threat, alleging that protesters positioned themselves in front of entrance points and made violent and hostile remarks.
“In the complaint, McClaren Circus alleged that protesters shouted accusatory and hostile remarks directed at specific patrons, including statements questioning their moral choice in attending the circus. The complaint indicated that protesters followed or confronted vehicles entering the premises and engaged directly with occupants through open windows,” the complaint read.
The circus contended that the protests at its roadshows infringed on several constitutional rights, including dignity, freedom and security.
In response to the allegations, the commission said it obtained footage of the alleged incidents and engaged with the animal rights group.
“BAT emphasised that the right to assemble and demonstrate peacefully is a foundational constitutional right, particularly for civil society organisations advocating for societal or ethical change,” the ruling read.
The commission ultimately found that the protests constituted expressive and assembly activities protected by the Constitution.
“The commission further finds that there is insufficient evidence demonstrating sustained or material obstruction preventing members of the public from accessing the venue, as patrons were able to access the property freely,” the ruling stated.
The ruling also noted that the protests were conducted in a peaceful manner and were in line with the Regulation of Gatherings Act.
“While protesters were positioned near the entrance points and engaged with patrons, the evidence does not demonstrate that access was physically blocked or that patrons were prevented from entering,” the ruling said.
Animal rights organisation Beauty Without Cruelty (BWC) has staged similar protests in Cape Town.
McClaren Circus stages roadshows across South Africa, with many shows sold out or nearly full in its 750-seat tent. More than 2,000 residents across the country have attended the circus to watch performances featuring lions, tigers, camels and dogs.
TimesLIVE
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.