CECIL’S LAST WORDS |The Arrow that Pierced the Soul
By Sonny Mncedisi Dube
I depart with a heavy heart, but not heavier than the arrow in my soul
If
you’ve been wondering what cruelty is and you witnessed my fate, then cruelty
is what you saw.
I’ve
known excruciating pain, but this arrow in me stings like nothing I’ve lived
before, not even a claw
I
always prayed that if it be death, let it be a smooth and quick one
But
I’m left to endure this undue torture for whatever reason, I see none
I
can feel it taking comfort in my flesh whilst sucking the life out of me
I
can feel it raging and ravaging all the living in me
I
trudge from here to nowhere, there is little life left in me
Mine
story is over, souls from the farthest parts of the world have come and seen me
Aesthetics
have come and gone but I never imagined them returning to kill me
I
walk for hours, helpless, dying slowly, king of the jungle or not I can’t help
the sobbing
I
am a victim of tried and tested expertise, and my demise is a victory of a
celebrated hobby
The
arrow that has made me meet my maker is crafted with precision
Death
is indeed no one’s friend, and nether one’s wish nor decision
Death
knows no colour, no creed, calibre, specie, nor religion
Death
comes in many forms even an arrow, mine came in two
This
is sure my last breath as the second arrow eventually hit too.
Animal
Cruelty is a Prosecutable offence under Zimbabwean Law
Cruelty
on animals is an act that has always been trivialized as societies is still
struggle to come to terms with the fact that animals are sentient beings. It
must however be emphasized that animals are indeed sentient beings. It becomes
necessary at this particular juncture to define what is meant by ‘sentient’ for
both clarity and contextual purposes. Sentience has been defined by the
Cambridge Dictionary as the quality of being able to experience feelings.[1] This
is therefore to the effect that animals just like human beings can think and
feel. It is then within a common sense standpoint to state that inflicting pain
on a sentient being as defined above goes against rationality.
In
the context of Zimbabwean jurisprudence on animal cruelty, one will be met with
the Prevention of Cruelty on Animals Act (PCA) which despite not defining what
animal cruelty is, concisely lists forms of cruelty in section 3 clearly
stipulating that any person who cruelly
beats, kicks, ill-treats, overrides, overdrives, overloads or tortures any
animal or causes any animal to be so treated shall be guilty of an offence.[2] The
aforesaid criminal offence(s) attract liability to a fine not exceeding level
five or to imprisonment for a period not exceeding six months or to both such
fine and such imprisonment. In terms of
SI 25 of 2021 a level 5 fine translates to a fine amounting to ZWL$30000 which
also translates to three thousand (300) US dollars.[3]
This upward review of fines is remarkable and the aforesaid amount is justified
to deter would be offenders from perpetrating cruelty on animals. Having
unpacked the law relating to animal cruelty, one can testify that such cruelty
is prevalent in society and perpetrators are either unconscious to the
illegalities attached to such acts or merely overlook them.
CECIL
A VICTIM OF CRUELTY.
Cecil the lion was in 2015 shot and wounded with an
arrow by Doctor Palmer. The hunters tracked the wounded lion and killed him
with a second arrow the next morning (about 10 to 12 hours later) at a location
less than 250 meters from the initial shot. NB It must be noted that Cecil was killed under a
legal hunt which obtaining a permit is a prerequisite under the Parks and
Wildlife Act and the Parks and Wildlife (General) Regulations (SI 362 of 1990). It is the cruelty which he was subjected to which is in question, the prolonged suffering prior to his untimely death.
This
shows that this animal spent an estimate of 10 to 12 hours with an arrow in its
flesh in excruciating pain, a quarter to death experience stretched beyond the
quarter. It is therefore evident that Cecil the Lion was subjected to cruelty
as contemplated under the forms of cruelty contemplated under section of the
Prevention of Cruelty on Animals Act as he endured unnecessary and unreasonable
suffering. The unreasonableness of the suffering is one which cannot reasonably
escape the naked eye.
Legislative
Loopholes in Brief.
A
lamentable loophole in the above PCA Act is the presence of terms such as ‘unnecessary suffering’, ‘unreasonable suffering’[4]
which are not definitive and are left to the courts’ discretion to ascertain
the degree of suffering which it might deem ‘unnecessary’ or ‘unreasonable’
as per case basis. This also reveals that the legislature leaves room for
‘necessary’ or ‘reasonable’ suffering which in the literal sense means that
animals have to endure some degree of suffering as long as it falls within the
necessity bracket.
ABOUT THE AUTHOR
SONNY
MNCEDISI DUBE is a Law Student at The University of Zimbabwe and a blogger who
writes in his personal capacity.
0718533598
©
The NovemberMan
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