A farmer has taken legal action against the state in the High Court, seeking a declaration that he is the rightful owner of six peafowls and 10 ostriches that were seized by the Department of National Parks and Wildlife in 2022. Eddie Mushabati, operating under the business name E.M. FOWL Farm, is demanding an order confirming his entitlement to the possession of the birds.
Mushabati argues that ostriches are endemic to Zambia and, according to Zambian law, are not classified as protected animals, game animals, or prescribed government trophies. Based on this, he claims that their seizure was unlawful and that he retains rightful ownership.
In addition to seeking the return of his birds, Mushabati is demanding compensation for the loss of earning capacity due to the confiscation. He asserts that the seizure negatively impacted his business, leading to financial losses. Furthermore, he is requesting damages for the alleged breach of an agreement made between him and the state regarding the ownership and management of the birds.
The case brings into focus the legal classification of ostriches in Zambia and the rights of private individuals engaged in breeding and commercial activities involving wildlife. The outcome of the lawsuit could have broader implications for the regulation of private wildlife farming and the role of the Department of National Parks and Wildlife in enforcing conservation laws.