Primate activists go ape over confiscation tussle
JUST over a year ago, The Star’s sister paper, the Pretoria News, reported that a happier life awaited several exotic monkeys confiscated from a nursery in Muldersdrift after court intervention.
But last week, these monkeys were taken back by the owner against whom the initial court order had been sought.
Animal rights group International Primate Rescue (IPR) turned to the high court in Pretoria last May following allegations that the primates were being ill-treated and not properly cared for at Little Falls Garden Centre.
These allegations were vehemently denied by the owner of the garden centre, Adele Toxopeus. She said she and her staff took very good care of the primates.
IPR, however, did not agree, and a tug-of-war ensued over the future of the animals.
IPR initially obtained a warrant to remove 49 monkeys from Little Falls. This in turn caused the owner to launch urgent court proceedings to get the primates back.
Judge Johan Louw at the time urged the parties to try to find a solution.
Toxopeus said she was selling the animals to a sanctuary in Vaalwater. An agreement was reached that they would remain in the care of IPR until they were relocated to Mapathamacha wildlife sanctuary in Limpopo.
Nothing happened for more than a year and the owner of IPR, Sue Mousley, said the monkeys had been taken care of and nursed until they were healthy and content again.
But all hell broke loose last week when Toxopeus decided to collect the 49 monkeys from IPR’s premises.
“I was shocked and had to helplessly watch how the monkeys we have nursed to good health were simply being taken away.”
According to Mousley, the primates were clearly in distress as they were forced into cages and taken away.
She said when they intervened last year, it was the first time in 20 years that her organisation had had to confiscate animals due to alleged starvation and neglect.
“Why on earth can the law not protect these monkeys?” she asked.
Mousley, however, is obtaining legal advice on the matter.
Ashley Gittins, Toxopeus’s lawyer, said they were entirely within their legal right to take the primates back.
He said they had obtained a writ of execution following last year’s settlement, and executed it to the letter. Both the sheriff of the court and a veterinarian were present to assist.
Gittins accused the staff at IPR of being obstructive when they came to fetch the primates.
Gittins said it took so long to execute the agreement because the purchase agreement between the original owner and the owners of the sanctuary in Vaalwater went through only recently.
“We did it by the book and the relocation went smoothly.” Gittins said the sanctuary in Vaalwater was equipped to look after the primates.
Mousley, on the other hand, said her only concern was the wellbeing of the primates and what was in their best interests. Being relocated was definitely not in their interest, especially given their sad past, she said.